The posts of Anganwadi Workers and Helpers are declared statutory, necessitating equal pay and regularization under Articles 14 and 16 of the Constitution.

COMMON ORAL JUDGMENT

1. Heard learned Senior Advocate Mr. Shalin Mehta with learned Advocate Ms. Aditi Raol and learned Advocate Ms. Shikha Panchal for the petitioners, learned AGP Mr. Sahil Trivedi for the respondent-State and learned Advocate Ms. Vyoma K. Jhaveri for the respondent No.4- Central Government.

2. Since common questions have been raised in all the petitions, the petitions are taken up for hearing jointly.

1 . The Introduction :

3. For the purpose of reference, facts of Special Civil Application No.8164 of 2015 are being considered by this Court.

3.1. The petitioners have prayed for the following prayers :

"29.A. Your Lordships be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, declaring the engagement by the respondent authorities of the petitioners no. 2 to 314 as Project Workers/ Voluntary Workers under the Integrated Child Development Services Scheme on honorarium is opposed to the mandate of Directive Principles contained in Articles 38, 39, 40, 41, 42 and 47 of the Constitution of India as also violative of Articles 14, 16, 21 and 23 of the Constitution of India ;

B. Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to regularize the services of the petitioners no. 2 to 314 on regular pay scale/ pay band;

C. Your Lordships be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, declaring the failure on the part of the respondent authorities in ensuring that the petitioners no. 2 to 314 are paid minimum wages prevalent in the State as violative of their fundamental rights guaranteed under Articles 21 and 23 of the Constitution of India ;

D. Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding or directing the respondent authorities to pay the petitioners no. 2 to 314 their monthly minimum rate of wages prevalent in the State;

E. Pending admission and final hearing of the present petition, Your Lordships may be pleased to direct the respondent authorities to ensure that the petitioners no. 2 to 314 are paid minimum wages prevalent in the State;

F. Pending admission and final hearing of the present petition, Your Lordships may be pleased to restrain the respondent authorities from terminating the services of petitioners no. 2 to 314 or take any coercive action against them;

G. Your Lordships be pleased to pass any other appropriate order, as deemed fit in the interest of justice."

3.2 It is the case of the petitioners that they are working as Anganwadi Workers or Anganwadi Helpers in Anganwadi (for short "AWWs/AWHs") Centers throughout the State, which are managed under the Integrated Child Development Services Scheme (for short "ICDS Scheme"). That the petitioners were appointed as AWWs under the ICDS Scheme from the period between 1983 to 2013 after following regular recruitment process. That the petitioners inspite of having worked for more than 10 years and having worked for more than 06 hours per day, yet, they are given a paltry sum as honorarium without getting any benefit whatsoever as employees of the State. That the petitioners as AWWs providing very important services which have direct co-relation with the future human capital of the State, inasmuch as, the work of the petitioners inter alia being to ensure that pregnant ladies, lactating mothers and children below 06 years are provided appropriate medical facilities by coordinating with visiting medical and paramedical personal as also to ensure nutritious food, health and nutrition education to mothers, appropriate implementation of the immunization programme, health check up by assisting PHC staff, to make home visits for educating parents especially the mothers to plan child growth effectively, to organize non-formal pre-school activities in the Anganwadi Center for children between the age group 3 to 5 years, to elicit communi