The Tribunal lacks jurisdiction over Anganwadi workers' termination claims, as they do not hold civil posts.

Hon’ble Mr. R. N. Singh, Member (J)

Learned counsel for the applicants submits that by way of the captioned OAs, the applicants, who have earlier been working as Anganwadi workers, have challenged the termination order(s) from the post of ‘Anganwadi worker’.

2. The matters are listed for final hearing.

3. At the outset, Mr. Girish C. Jha learned counsel appearing for the respondent submits that the captioned OAs are not maintainable before this Tribunal for lack of jurisdiction in as much as ‘Anganwadi worker’ is not a civil post in view of the settled law. In support of his submission, he has placed reliance upon an order/judgment dated 17.09.2020 of the Hon’ble High Court of Jammu & Kashmir in SWP No. 1002/2018 titled Tasleema Jan vs. State of J&K & ors. In para 7 of which, the Hon’ble High Court of Jammu & Kashmir judicature at Srinagar has ordered as under:-

“7. So, it is thus settled that appointments made under a scheme which is not a permanent nature, and appointees, although might have continued for a long time, do not hold a civil post, and that Anganwadi workers do not hold a civil post, they do not come within the purview of Section 14 of the CAT Act, and that the Tribunal would not have the jurisdiction to entertain their petition. Resultantly, it is held that this Court would have the jurisdiction to entertain a petition, including this petition, as a Court of first instance in relation to recruitment and matters concerning recruitment to the position of Anganwadi worker(s) and this petition would not need to be transferred to the Tribunal.”

O.A.No. 1693/2023

4. Mr. Jha, learned counsel for the respondent has further placed reliance upon the order/judgment dated 12.02.2025 of the co-ordinate Bench of this Tribunal in OA No. 4069/2017 titled Smt. Rani vs. M/o Women And Child Development . Paras 3 to 5 of which read as under:-

“3. Learned counsel for the respondents at the outset drew our attention to the order passed by the co-ordinate bench of this Tribunal in OA No 1051/2018 dated 16.03.2018 which has been passed based on the decision of the Hon’ble Supreme Court in State of Karnataka & Ors. Vs. Ameerbi & Ors. (2007) 11 SCC 681, according to which, the AWWs are not holders of any civil post. As such, the Tribunal shall have no jurisdiction to adjudicate the claim of the applicant.

4. We do note that in the present case also, the applicant has annexed one document wherein she has approached the Additional Labour Commissioner of the Labour Welfare Centre, Delhi. It seems that the applicant is also well aware that the Tribunal lacks jurisdiction. Further, in view of the law as settled by the Hon’ble Supreme Court and the view of the co-ordinate bench, we do not find any reason to take a divergent view.

5. In view of the above, the OA is dismissed for lack of jurisdiction. Pending MA, if any, stands disposed of. No costs.”

5. In light of the aforesaid, learned counsel for the applicants seeks permission of the Tribunal to withdraw the present OA with liberty to the applicants to agitate their grievances before appropriate forum in accordance with law.

6. Permission is granted.

7. Both the OAs stand dismissed as withdrawn with liberty as aforesaid.