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S. DATTA PURKAYASTHA
Bina Rani Paul – Appellant
Versus
State of Tripura – Respondent
JUDGMENT & ORDER
S. Datta Purkayastha, J. - The petitioners Nos.1 to 5,7,9 to 12,14,15,18,19 & 20 were Anganwadi Workers [for short, AWWs] and rest petitioners were Anganwadi Helpers [for short, AWHs] engaged under Intensive Child Development Services Scheme (for short- ICDS scheme) at different Anganwadi centres on different dates. Their engagement was discontinued on their retirement on different dates during the period from 2021 to 2023 after they attainted the age of 60 years. Engagement of some of the petitioners were continued by way of reengagement even after they had attained the age of 60 years and later on same was discontinued.
2. All the petitioners thereafter in the month of July, 2023 sent their respective representations [Annexures- 38 to 57 to the writ petition] to the Director of Social Welfare & Social Education, Government of Tripura (respondent No.4) to provide them gratuity and other post retiral benefits but the respondent No.4 vide letter dated 11.08.2023 [Annexure-58 to the writ petition] regretted the matter of gratuity, with the following reasons:
'........ At present, the State Government has introduced monthly Pension/one time Financial Benefits to the AWWs
The court established that Anganwadi Workers and Helpers are entitled to gratuity under the Payment of Gratuity Act, 1972, recognizing Anganwadi centres as 'establishments'.
Anganwadi workers and Anganwadi helpers are entitled to gratuity under the Payment of Gratuity Act, 1972.
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....
(1) It is now statutory obligation of Centre and States to provide for nutritional support to pregnant women and lactating mothers, nutritional support to children and to take steps to identify and p....
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to all employees, including daily wage employees, and entitles them to gratuity for their entire ser....
The Payment of Gratuity Act, 1972 applies to local body employees, overriding inconsistent state provisions, and gratuity is a statutory right, not a charity.
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
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