The court established that Anganwadi Workers and Helpers are entitled to gratuity under the Payment of Gratuity Act, 1972, recognizing Anganwadi centres as 'establishments'.

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 & AWHs after attaining 60(Sixty) years of age and who put in continuous minimum 10 (ten) years of service as AWWs/AWHs, subject to execution of options for availing monthly pension or one time financial benefits.

i. Monthly Pension-Rs.750/ per month for AWWs and Rs.500/-per month for AWHs.

ii. One time Financial Benefits - Rs.50,000/- to AWWs & Rs.30,000/- to AWHs.

Now, therefore, it is evident from the above that on the issue of your claim, the Department has to consider the demand as per the existing policy only i.e. provide monthly Pension/one time Financial Benefits to the petitioner, subject to execution of options for availing monthly pension or one time financial benefits.

Therefore, the claim for gratuity is regretted.'

3. Earlier, the State Government vide notification dated 01.08.2015 [Annexure-59 to the writ petition] introduced above mentioned scheme for pension/one time Financial Benefits to the AWWs and AWHs on their retirement on attaining 60 years of age.

4. Now, after rejection of above said representations of the petitioners, the present writ petition has been filed by them claiming the following reliefs:

(i) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to provide the benefit of Gratuity and other post retirement benefits on attaining the age of superannuation i.e., 60 years.

(ii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby quashing and cancelling the Memorandum, dated, 11.08.2023, issued by the Director, Social Welfare and Social Education by which the claim of the Petitioners were rejected.

(iii) Make the rules absolute.

(iv) Call for records.

(v) Pass any further Order/Orders as this Hon'ble High Court considered fit and proper.

5. Mr. P. Roy Barman, learned senior counsel bases the claim of gratuity for AWWs and AWHs under Payment of Gratuity Act, 1972 (for short- Act of 1972) on a decision of Hon'ble Apex Court in the case of Maniben Maganbhai Bhariya vs. District Development Officer Dahod and others, 2022 SCC OnLine SC 507 and argues that already it has been decided by the Apex Court that the AWWs and AWHs are entitled to gratuity on their retirement in addition to other post retirement benefits and relying on the above said decision in Maniben's case, Rajasthan High Court also in a case of Smt. Shanta Devi vs. State and Ors, [order dated 09.11.2022 passed in S.B. Civil Writ Petition No.3283/2017] held that the AWWs were entitled to get the gratuity under the Act of 1972 on their retirement. According to Mr. Roy Barman, Ld. Sr. Counsel, Anganwa