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.

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. Memorandum No. F.1(6)-CDPO/MNP/15/390(4) dated 30.10.2021 issued by the respondent No.6 or the memorandum of like nature directing the petitioners to handover the complete charge to the Anganwadi Workers or Helpers on or before a certain date.

3. The writ petitioners are working under the Integrated Child Development Scheme (ICDS) as Anganwadi Worker or Anganwadi Helper in the State of Tripura. By the memorandum dated 15.05.2015, the maximum age of disengagement has been fixed at 60 years. On that ground, a few Anganwadi Workers or Anganwadi Helpers have been disengaged or terminated from their services for their attaining 60 years of age, in gross violation of the memorandum of the Government of India, as it is evident from the communication dated 19.07.2017 issued by the Ministry of Women & Child Development, Government of India under No.21-1/2017-CD.1 that as per the restructured 3rd phase of ICDS, the existing guidelines do not provide a uniform age limit for retirement of Anganwadi Workers. Rather to determine the maximum age limit, the task has been left to the State Governments. It has also been communicated that the maximum age limit of 65 years for Anganwadi Workers and Anganwadi Helpers has been supported by most of the State Governments at various forums. In view of the above, a uniform policy decision would be undertaken to discontinue the services of Anganwadi Workers and Anganwadi Helpers at the age of 65 years.

4. But contrary to the central policy, by the notification under No.46(176)-ICDS/SWE/2012/1557(94) dated 07.07.2012, the Government of Tripura published its decision by fixing the upper/maximum age limit of Anganwadi Workers and Anganwadi Helpers under the Education (SW&SE) Department, who were honorarium based workers, at the age of 60 years with immediate effect and until further orders. By the memorandum dated 15.05.2015, as referred above, all the CDPOs have been instructed to take follow up action for disengaging the Anganwadi Workers and Anganwadi Helpers who have attained 60 years of age. Accordingly, those Anganwadi Workers and Anganwadi Helpers, including the petitioners, received the memorandum on diverse dates issued by the Child Development Project Officer (CDPO) in respect of their disengagement and for handing over the charge, whatsoever is lying with them.

5. The petitioners are all similarly circumstanced and by means of these writ petitions they have urged this court for setting aside the Notification dated 07.07.2012 and Memorandum dated 15.05.2015 and other consequential memoranda directing the petitioners to handover the charge for their attaining the age of 60 years.

6. It has been further urged that the petitioners being the Anganwadi Workers and Anganwadi Helpers be allowed to continue in their services till t