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HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Shyamali Roy Datta & Ors. - Appellants
Versus
State of Tripura & Ors. - Respondents
Writ Petition (C) 724 of 2022
Decided On : 09-12-2022
| Table of Content |
|---|
| 1. retirement age of anganwadi workers is contested. (Para 2) |
| 2. petitioners argue for retirement at 65. (Para 3) |
| 3. court directs reinstatement of petitioners. (Para 4) |
| 4. writ petition disposed with directions. (Para 5) |
JUDGMENT
Arindam Lodh, J. - Heard Ms. A. Debbarma, learned counsel for the petitioners. Also heard Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha, learned counsel for the respondents no. 1 to 6 and Mr. B. Majumder, learned Deputy SGI appearing for respondent no. 7.
2. All the petitioners in this writ petition were working as Anganwadi workers under the respondents. The respondents had forced them to go on retirement on attaining the age of 60 years. It is the grievance of the petitioners that their retirement age is 65 years and the respondents most illegally had terminated them after attaining the age of 60 years.
3. It is the submission of learned counsel for the petitioners that Anganwadi workers would retire on attaining the age of 65 years and till they attain the said age, the services of such Anganwadi workers should not be disturbed in view of the judgment of a Division Bench of this Court.
4. Learned GA has submitted that the judgment of the Division Bench extending their services upto the age of 65 years is under challenge before the Supreme Court, but, considering the present situation, I direct the respondents to reinstate the petitioners as Anganwadi workers in their respective centers within a period of 4(four) weeks from today. However, it is made clear that they would not be entitled to any arrears of pay. It is further made clear that such continuation of the service of the petitioners is subject to the decision of the Apex Court related to this issue.
5. With the above direction, the instant writ petition stands allowed and thus disposed.
The retirement age for Anganwadi workers is upheld at 65 years, with reinstatement ordered pending Supreme Court clarification.
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.
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....
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.
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....
Casual paid labourers have no right to continue beyond age 60 absent material proof; judicial notice of 60 as superannuation age in central employment and physical fitness needs upheld termination.
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