State governments have discretion over service conditions of workers, including retirement age, especially under funded schemes without violating rights.

1. Leave granted.

2. These appeals by the State of Tripura are directed against the common judgment and order dated 29.06.2021 passed by the Division Bench of the High Court of Tripura in four connected intra - court appeals led by WA No. 173 of 2021 whereby, Division Bench has affirmed the judgment and order dated 10.03.2021 passed by the learned Single Judge of the High Court in a batch of respective writ petitions led by WP(C) No. 886 of 2019.

3. By the impugned judgment and order dated 10.03.2021, the learned Single Judge held that the Anganwadi Workers / Anganwadi Helpers ('AWs' / 'AHs') engaged by the appellant - State under the Integrated Child Development Services Scheme ('ICDS') were entitled to be continued in their engagement until attaining the age of 65 years against the existing policy of the appellant - State of discharging them upon attaining the age of 60 years. The Division Bench of the High Court endorsed the views of the Single Judge and in that context, also observed that 90% of the expenditure was being covered by the Central Government funding and therefore, whether a person retired at the age of 60 years or the age of 65 years, there was hardly any fundamental change in the expenditure burden of the State Government. The Division Bench also observed that upon an employee retiring at the age of 60 years, there would be an earlier need for replacement whereas, if the same person is continued until the age of 65 years, the requirement of engaging a new person would be delayed by that period.

4. The appellant - State would submit that the age of discharge of AWs / AHs in the State was 58 years in the beginning of ICDS scheme and was increased to 60 years in the year 2012 to bring uniformity with the State Government and Public Sector Undertakings employees. It is also submitted that in fact, the post of AW serves as feeder post for promotion as Supervisor ICDS, which is a regular Group - C post in the State and has superannuation age of 60 years.

5. The High Court has, however, relied on communication dated 22.10.2012 from the Ministry of Women and Child Development wherein, while providing broad framework of implementation of ICDS, it was expected as under:
"Relieving AWWs / AWHs on completion of 65 years of age. The existing guidelines do not provide uniform age limit for their retirement. Rather, this has been left to the State Government to decide. Thus, as on date no age has been prescribed for dispensing with the services of AWW / AWH. Prescribing maximum age limit of 65 years for an AWW / AWH has been supported by most of the State Governments at various forums.In view of the above, a uniform policy decision would be undertaken to discontinue the services of AWS / AWH at the age of 65 years and EPC would ensure its implementation in all the State / UTs."

6. It is submitted by the State that the above quoted portion was not of any decision by the Central Government and only a statement was made indicating future course of ICDS implementation, making age of discharge as 65 years supported by most of the State Governments. It is contended that such a proposition cannot override the policy of the State Government and no mandamus could have been issued to the appellant - State to revise the age of discharge of AWs / AHs.

7. Taking note of the circumstances of the case, this Court had issued notice but there being no representation from the private respondents after service and looking to the communication received by one of the respondents stating financial constraints, this Court requested the learned senior counsel Mr. Ritin Rai, t