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S. TALAPATRA
Dalu Majumder – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. challenge to memoranda on disengagement age. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners seek continuation of service till 65 years. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court affirms previous rulings on age limit. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. impugned notifications set aside. (Para 17) |
| 5. petitions allowed with directives. (Para 18 , 19) |
JUDGMENT
1. All the above mentioned writ petitions are combined for disposal by a common judgment as in all these writ petitions a common relief has been sought and such relief has been claimed to have been covered by previous decisions of this court.
2. In these writ petitions, the petitioners, Anganwadi Workers (AWWs)/Anganwadi Helpers (AWHs) have challenged a few notifications and memoranda. Those are mostly common in all the writ petitions. For brevity, a catalogue of those notifications and memoranda are placed hereunder:
1. Notification No.46 (176) - ICDS/SWE/2012/1557(94) dated 07.07.2012 issued by the respondent No.2.
2. Memorandum No. F.46(54)-ICDS/SWE/2015/7780(69) dated 15.05.2015 issued by the respondent No.3 whereby the age of disengagement of Anganwadi Workers and Angangwadi Helpers has been fixed on completion of 60 years.
3.
Anganwadi Workers are entitled to continue their service until the age of 65, overriding state policies that impose a limit of 60, as a violation of central government guidelines.
State governments have discretion over service conditions of workers, including retirement age, especially under funded schemes without violating rights.
No mandamus could be issued to force a particular age of discharge on the state government when its policy was not shown to be suffering from any illegality or irrationality.
The retirement age of Anganwadi workers is subject to uniform standards set by central guidelines, overriding local policies that impose lower age limits, ensuring no arbitrary state action. All work....
The retirement age for Anganwadi workers is upheld at 65 years, with reinstatement ordered pending Supreme Court clarification.
Judicial review of government policy allows intervention only if the policy is manifestly arbitrary or unconstitutional, not on grounds of suitability.
Anganwadi Workers are not considered civil servants, and thus, age relaxation provisions for government employees do not apply to them.
The central legal point established in the judgment is the applicability of G.O.Ms.No.15, dtd. 31/1/2022, which enhanced the age of superannuation of Government Employees from 60 years to 62 years, t....
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