##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6748 of 2025

======================================================

Bihar Rajya Anganwadi Karamchari Union

... ... Petitioner/s

Versus

State of Bihar and Ors.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Shashwat, Advocate

For the Respondent/s : Mr. Additional Solicitor General

======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

6 28-01-2026 The petitioner-Bihar Rajya Anganwadi Karamchari

Union through its General Secretary has filed this Writ Petition

with following prayer(s):-

(a) For Issuance of an appropriate writ in

the nature of Mandamus or any other

appropriate writ(s) or order(s) or

direction(s) directing the respondent to

regularise all the Anganwadi workers

(AWW) and Helpers (AWH) throughout the

state of Bihar with retrospective effect from

their dates of initial employment keeping in

mind the decision of the High Court of

Gujarat in Adarsh Gujarat Anganwadi

Union & Ors. vs State of Gujarat and Anr at

Annexure P-1 hereto.

(b). For Issuance of an appropriate writ in

the nature of Mandamus or any other

Patna High Court CWJC No.6748 of 2025(6) dt.28-01-2026

2/6

appropriate writ(s) or order(s) or

direction(s) to the respondents to provide all

statutory benefits including PF, Gratuity,

pension, leave encashment etc., to the

Anganwadi workers from the date of their

initial employment.

(c). Pending hearing and final disposal of

this petition for a direction to the

respondents to provide equal pay for equal

work to all the workmen concerned with this

petition fitting them in the appropriate scale

of skilled workers.

(d). Issue any other

writ(s)/order(s)/direction(s) as this Hon'ble

Court may deem fit and proper in the

interests of justice.

2. The learned counsel for the petitioner placed

reliance on the judgement of the Hon’ble Supreme Court in the

case of Maniben Maganbhai Bhariya Vs. District

Development Officer, Dahod & Ors. reported in (2022) 16 SCC

343, wherein the Hon’ble Supreme Court in paragraph nos. 15,

16, 26 and 95, held as follows:-

15. Thus, Anganwadi centres have been

entrusted with the onerous responsibility of

implementing some of the most important

and innovative provisions of the 2013 Act. It

can be said that Anganwadi centres perform

a pivotal role in discharging the statutory

obligation of the State to provide nutritional

support to pregnant women, lactating

Patna High Court CWJC No.6748 of 2025(6) dt.28-01-2026

3/6

mothers and children in the age group of 6

months to 6 years. A free meal is provided to

pregnant mothers during pregnancy and 6

months after childbirth through the

Anganwadi centres. In the case of children in

the age group of 6 months to 6 years, an

age-appropriate free meal is to be provided

in Anganwadi centres. In addition, the

important duty of providing free meals to the

children who suffer from malnutrition has

been entrusted to Anganwadi centres. The

free meals to be provided through

Anganwadi centres must satisfy the

nutritional requirements and standards

specified in Schedule II to the 2013 Act.

Therefore, under sub-section (2) of Section

5, there is a provision that every Anganwadi

centre shall have a proper facility of cooking

meals, drinking water and sanitation.

Another crucial statutory duty assigned to

local Anganwadi centres is to identify

children who suffer from malnutrition so that

free meals can be provided to such identified

children.

16. The AWWs and AWHs constitute the

backbone of Anganwadi centres and

therefore, this onerous responsibility of

extending benefits under the 2013 Act to the

beneficiaries is on them. Anganwadi centres

are responsible for ensuring the healthy

growth of the children in the age group of 6

months to 6 years and the children who

suffer from malnutrition.

26. AWWs and AWHs have been assigned

all-pervasive duties, which include

Patna Hig