* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on : 20.05.2011
Date of decision : 27.05.2011
+ WP (C) No.1158/1992
AKHIL BHARTIYA ANGANWADI
KAMGAR UNION (REGD.) ...PETITIONER
Through: Mr.A.K.Bajpai, Mr.B.K.Parsad and Mr.Varun
Parsad, Advocates.
Versus
UNION OF INDIA & ORS. ...RESPONDENTS
Through: None for R-1.
Mr.Sushil Dutt Salwan,
Mr.Neeraj Chaudhary and Mr.Aditya Garg,
Advocates for R-2 to R-5.
CORAM:
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON‟BLE MR. JUSTICE VALMIKI J. MEHTA
1. Whether the Reporters of local papers
may be allowed to see the judgment? YES
2. To be referred to Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
SANJAY KISHAN KAUL, J.
1. The petitioner, Akhil Bhartiya Anganwadi Kamgar Union,
filed a petition under Article 32 of the Constitution of India
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WP (C)No.1158/1992 Page 1 of 24
before the Hon‟ble Supreme Court seeking the status of
Government employees for anganwadi workers and
anganwadi helpers and praying for pay parity with
primary teachers and nurses of establishments or of any
local authority in the pay scale of Rs.1400-2300 for
anganwadi workers and in the pay scale of Rs.800-1150
to anganwadi helpers on parity with ayas/peons with past
benefit of service from the date of their appointments. A
further prayer made was to merge these categories with
seven other categories of the Scheme of Integrated Child
Development Service Scheme („the said Scheme‟ for
short) stated to have been formulated in pursuance to the
National Policy for Children.
2. The writ petition was, however, transferred to this Court
to be treated as petition under Article 226 of the
Constitution of India in terms of the order of the Supreme
Court dated 27.02.1992.
3. The writ petition was admitted on 14.05.1993 when on
the interim application, the statement of the counsel for
the then Delhi Administration (now Govt. of NCT of Delhi)
was recorded that the services of these categories of
persons were not being terminated and that they were
being paid enhanced honorarium as per Rules. The
interim application was accordingly disposed of. The
matter has thereafter had a chequered history on account
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WP (C)No.1158/1992 Page 2 of 24
of non prosecution by the petitioner which was dismissed
for non prosecution and restored on three different
occasions.
4. The petitioner claims to be a registered trade union under
the Trade Union Act, 1926. Insofar as the factual matrix of
the case is concerned, it has been set out that the
transition from a joint family system to nuclear type
family often require both the parents to work and thus
additional support through outside interventions is
required for proper health care, education, nutrition and
social well being of children. A number of voluntary
organizations played a pioneering role in this effort and
projects of child care were included in successive five
year plans of social welfare, education and health. This
endeavour received a fillip on account of the adoption of
the National Policy for Children by the Govt. of NCT of
Delhi in August, 1974 and in pursuance thereto, the said
scheme was evolved to make a coordinated effort for an
integrated programme of delivery of a package of such
services. The objectives of the said Scheme are stated to
be as under:
“i) To improve the nutritional and health
status of children in the age group 0-6
years;
ii) To lay the foundation for proper
psychological, physical and social
development of the child.
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WP (C)No.1158/1992 Page 3 of 24
iii) To reduce the incidence of mortality,
morbidity, malnutrition and school drop out.
iv) To achieve effective coordinated policy
and its implementation amongst the various
departments to promote child development
and
v) To enhance the capability of the mother
to look after the normal health and
nutritional needs of the child through proper
nutrition and health education.”
5. It is for achieving the aforesaid objectives that anganwadi
workers were established at various places including in
the then Union Territory of Delhi. The anganwadis are to
be run by anganwadi workers who are village level
workers/ward level workers and in charge for delivery of
various services envisaged under the said Scheme. Each
anganwadi is to be assisted by a helper who would
invariably be a lady belonging to the same village, local
community and well versed in cooking and processing the
food, cleaning of anganwadi and the utensils used for
anganwadi. The payment was being made as honorarium
on a monthly basis. The selection of such anganwadi
workers is stated to be made by a committee of official
and non officials at the project level. No educational
qualification was provided for anganwadi workers who
may be matriculate or non-matriculate though there was
a differential in the honorarium. The anganwadi workers
are stated to be responsible for organizing pre-school
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WP (C)No.1158/1992 Page 4 of 24
activities for about 40 children in the age group of 3-5
years, arranging supplementary nutritional food for
children of age group 6 months to 5 years and expectant
and nursing mothers, giving health and nutrition
education to mothers, making home visits for educating
parents, eliciting community support and participation,
assisting the Primary Health Centre Staff in
implementation of immunization and a host of such other
services. The work of an anganwadi is stated to be
supervised by mukhyasevikas or supervisors. A training
scheme is stated to have been envisaged for such
anganwadi workers who would carry a kit to use while
conducting educational activities. The anganwadi workers
are thus stated to be at the frontline of the said Scheme
being selected from the community and having a pivotal
role due to the close and continuous contact with the
community. They are expected to monitor the growth of
children and teach mothers how to prevent and cope with
common ailments, educate parents, etc. In the said
Scheme, various categories of persons are deployed
which include Child Development Project Officer (CPDO),
supervisors, account-cum store keepers etc, numbering
seven such categories. These seven categories of
employees including drivers and peons are stated to be in
a regular pay scale. It is only the anganwadi workers and
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WP (C)No.1158/1992 Page 5 of 24
anganwadi helpers who are given an honorarium. The
use of the word „honorarium‟ is said to deny them the
opportunity of various beneficial legislations even though
the duties of anganwadi workers and anganwadi helpers
are similar to primary teachers and nurses of
establishments or of any local authority in a school or a
hospital. The said beneficial legislations are stated to
include The Equal Remuneration Act, 1976 and the
Minimum Wages Act, 1948. The anganwadi workers and
anganwadi helpers are stated to be required to attend to
the duties under the said Scheme by reaching at 9 am in
the morning and marking their presence in the
attendance register. They perform five hours of duty and
are allowed 12 casual leaves in a year. They are entitled
to maternity benefits, travelling allowance for attending
meetings, visiting places out of their jurisdiction, but are
denied the benefits given to the regular staff of the seven
categories. The petition is stated to be predicated on a
plea of equal pay for equal work and the fact that even
the provisions of the Minimum Wages Act, 1948 were
being violated. The anganwadi workers are stated to be in
the category of highly skilled workers while anganwadi
helpers are stated to be in the category of semi-skilled
workers.
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WP (C)No.1158/1992 Page 6 of 24
6. The petitioner seeks to rely upon the Hand Book of
Instructions regarding Integrated Child Development
Service Programme. The said Scheme in para 3.1 deals
with staff pattern. However, anganwadi workers are set
out in para (iv), particulars of which are as under:
” IV. Anganwadi Worker
3.2.12 The anganwadi worker should be a lady
(18-44 years) from the local village and
acceptable in the local community. Special
care should be taken in her selection so that
the children of Scheduled Caste and other
weaker sections of the society are ensured free
access to Anganwadi. It is suggested that the
AWWs in the selected project areas may be
selected by a committee consisting of the
District Social Welfare Officer, the BDO, the
CPDO, the Medical Officer of the primary
health centre, the President of the Taluka
Panchayat/Block Advisory Committee, the
district representative of the State Social
Welfare Advisory Board and any other non-
officials which the State Government may
consider appropriate.”
7. The job responsibilities of various functionaries stated in
para 3.3.4 vis-à-vis anganwadi workers and anganwadi
helpers are as under:
” 3.3.4 Anganwadi Worker
1. To weigh each child every month, record the
weight in graph on the growth card, use
referral card for referring cases of
mothers/children to the sub-centres/PHC etc.
and maintain child cards for children below 6
years and produce these cards before the
visiting medical and para-medical personnel.
2. To carry out a quick sample census of all the
families, especially mothers and children in
those families in their respective area of work.
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WP (C)No.1158/1992 Page 7 of 24
3. To organize non-formal pre-school activities in
an anganwadi for about 40 children in the age
group 3-5 years of age and to help in designing
and making of toys and play equipment of
rural character and origin for use in
anganwadi.
4. To organize supplementary nutrition feeding
for children (0-6 years) and expectant and
nursing mothers by planning the menu based
on locally available food and local recipes.
5. To provide health and nutrition education to
mothers.
6. To make home visits for educating parents to
enable mothers to plan an effective role in the
child‟s growth and development particularly in
the case of children attending the anganwadis.
7. To elicit community support and participation
in running the programme.
8. To assist the PHC staff in the implementation
of health component of the programme viz.
immunization, health check-up etc.
9. To maintain routine files and records.
10. To bring to the notice of the CDPO any
development in the village which requires
further attention, particularly in regard to the
work of the coordinating arrangements of
different departments in the village.
11. To maintain liaison with other institutions.
(Mahila Mandals and involve lady school
teachers and girls of the primary/middle
schools in the village which have relevance to
her functions.)
(MSW No.206/75-CD dated 1.1.1976 and No.1-
9/76 dated 8.11.1976)
3.3.5 Helper to AWW
1. To cook and serve the food to children and
mothers.
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WP (C)No.1158/1992 Page 8 of 24
2. To clean the anganwadi premises daily and
fetching water.
3. Cleanliness of small children.
4. To bring small children collecting from the
village to the anganwadi.”
8. Para 3.4 provides for honorarium/stipend which has
been raised from time to time and also for anganwadi
workers depends on their educational qualifications. The
anganwadi workers are entitled to travelling
allowance/daily allowance and can continue to be in
employment till 58 years.
9. The writ petition has been opposed by the Govt. of NCT of
Delhi. In the counter affidavit filed, a preliminary
objection was raised that the said Scheme was sponsored
by the Central Government through Ministry of Human
Resource Department and was being implemented by
State Governments/Union Territories. The payment of
honorarium for the voluntary efforts put in by the
anganwadi workers and anganwadi helpers negated the
requirement of a regular pay scale and they are thus to
be paid only honorarium/stipend. An important aspect set
out is that no rules as applicable to government
servants/daily wage employees are applicable to these
categories of persons since they are voluntary part-time
workers. Their work is stated to be of community
participation in the said Scheme and not as employee and
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WP (C)No.1158/1992 Page 9 of 24
thus cannot be equated with nurses or primary teachers
in hospitals/schools. Their names were not sponsored
from any employment exchange for employment and
their working hours are stated to be four and a half
hours, much less than that of a regular employee. The
work of anganwadi workers and anganwadi helpers being
of voluntary in nature, there is stated to be no compulsion
to serve. The honorarium/stipend is stated to have been
revised from time to time for the voluntary part-time
work.
10. It is in view of the aforesaid factual matrix that when
the matter was initially taken up for hearing on
06.10.2010 it was observed by learned counsel for the
parties that it may be possible to work out an amicable
solution if the Government of NCT of Delhi takes a
sympathetic view of the matter to suitably revise the
emoluments of anganwadi workers. One possible method
considered appropriate was to take the wages of a daily
wager and work out the proportion which may be payable
to an anganwadi worker dependent on the ratio of the
working hours of an anganwadi worker to that of a daily
wager and working out the same, the rest period given to
the daily wager would be excluded and only the actual
working time be taken into consideration. This would be
apart from other benefits which are already extended to
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WP (C)No.1158/1992 Page 10 of 24
anganwadi workers and may not be available to a daily
wager like maternity leave, etc. The counsel for Govt. of
NCT of Delhi took some time to obtain instructions. It was
noticed that though the said Scheme was of Union of
India, part of the funds were made available by Govt. of
NCT of Delhi. The Govt. of NCT of Delhi was thus asked to
examine the aforesaid issue keeping in mind only the
anganwadi workers and anganwadi helpers in Delhi and
as to what further monetary assistance could be provided
to them. In the next effective proceedings on 19.11.2010,
learned counsel for Govt. of NCT of Delhi informed that
the anganwadi workers were being paid a sum of
Rs.2,500/- per month for working four and a half hours
while the minimum wages for daily wagers were
Rs.5,400/- approximately per month for eight hours.
Angangwadi workers were entitled to 20 days leave in a
year, maternity leave of 180 days for those having less
than two surviving children subject to completion of one
year service and 45 days paid absence on abortion or
miscarriage. These facilities of maternity leave, 20 days
leave in a year, were benefits which were not even
available to daily wagers. Learned counsel for Govt. of
NCT of Delhi expressed an apprehension that the
directions of the Court may be construed as if the
Minimum Wages Act, 1948 applies. We allayed the
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WP (C)No.1158/1992 Page 11 of 24
apprehension because it was only a methodology to work
out the calculation. We were also informed that the
question of further enhancement of wages of anganwadi
workers and anganwadi helpers was being examined by
the Govt. of NCT of Delhi since revised wages of an
anganwadi worker as on 01.04.2008 were Rs.2,500/- per
month which was slightly less than 50 per cent of the
minimum wages being paid to a daily wager, who work
for twice the period of time. We expressed hope that even
if that be so, a revision of the figure could take place
keeping in mind the cost of living between 2008-2010.
The anganwadi helpers were, however, being paid only
Rs.1,250/- per month and we expressed hope that a little
more magnanimity would be shown by the Govt. of NCT
of Delhi keeping in mind that the said Scheme was a
welfare scheme.
11. In pursuance to the repeated wishes of the Court for
the Govt. of NCT of Delhi to examine the matter, the issue
was ultimately placed before the Cabinet and we were
informed on 01.04.2011 that the Govt. of NCT of Delhi
had taken a decision to revise the emoluments of
anganwadi workers in pursuance to various requests
made through our orders. We expressed the hope of a
sympathetic view from the Government despite the legal
plea sought to be advanced by the respondents that
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WP (C)No.1158/1992 Page 12 of 24
there was a judgment against the relief claimed of the
Hon‟ble Supreme Court in State of Karnataka and Ors.v.
Ameerbi and Ors.; (2007) 11 SCC 681. We accepted the
aforesaid to resolve the controversy, but surprisingly on
01.04.2011, learned counsel for the petitioner stated,
despite a favourable decision taken by the Government of
NCT of Delhi in March, 2011, that he would have to obtain
necessary instructions. Learned counsel for the
respondents made it clear that if the aforesaid decision
was not acceptable to the petitioner and they want to
invite a judgment on merits then the respondents may
not be interested in implementation of the revised
emoluments. A meeting of the petitioner is stated to have
been held on 15.04.2011 where it was resolved that the
relief should be pressed as set out in the writ petition and
that the increase of honorarium from time to time was not
the subject matter of the writ petition. This was so despite
various proceedings held before the Court where in the
presence of learned counsel for the parties, this Court
made endeavours to see a better honorarium for the
anganwadi workers and anganwadi helpers.
12. The result is that the petitioner having been the
beneficiary of the directions and observations of the
Court, now want to go back to their original relief. So be
it.
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WP (C)No.1158/1992 Page 13 of 24
13. Learned counsel for the petitioner submitted before
us that the petitioner was being discriminated against as
seven different categories of persons deployed under the
said Scheme were in the regular pay scale. It was stated
that as of now, there were 14 categories of employees
and only anganwadi workers and anganwadi helpers were
being paid honorarium/stipend. These anganwadi workers
and anganwadi helpers are stated to be subjected to
appointment and selection with fixed duty hours and have
to be given other benefits. The work carried out by the
anganwadi workers is stated to be of skilled nature and
they cannot be paid merely honorarium which is stated to
have been banned under a notification dated 20.06.1951.
14. This circular was not placed on record, but produced
before us during the proceedings. The circular is in the
form of an OM dated 20.06.1951 dealing with
employment of honorary workers in civil posts. It has
been observed in the OM that the services of an honorary
worker should be utilized only in an advisory capacity and
not against civil post. Learned counsel submitted that
these two category of persons should be entitled to
minimum wages and regularization of services as they
were appointed as per standards set by the authorities.
15. Learned counsel for Govt. of NCT of Delhi has
opposed the petition and submits that in deference to the
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WP (C)No.1158/1992 Page 14 of 24
observations of this Court that the decision was taken in
March, 2011 in terms whereof the honorarium of an
anganwadi worker has been enhanced to Rs.4,000/- per
month while the honorarium for an anganwadi helper has
been enhanced to Rs.2,000/- per month. The distribution
of the funding is stated to be as under:
IN CASE OF ANGANWADI WORKERS:-
Govt. of India Fund Delhi Govt. State
Fund
Present rate of Rs.2,500/- Rs.1350/- Rs.1150/-
honorarium
Enhanced rate of Rs.1,500/- Rs.1350/- Rs.150/-
honorarium
Total amount of Rs.4,000/- Rs.2,700/- Rs.1,300/-
honorarium per
month per
anganwadi worker
after enhancement
IN CASE OF ANGANWADI HELPERS :-
Govt. of India Fund Delhi Govt. State
Fund
Present rate of Rs.1,250/- Rs.675/- Rs.575/-
honorarium
Enhanced rate of Rs.750/- Rs.675/- Rs.75/-
honorarium
Total amount of Rs.2,000/- Rs.1,350/- Rs.650/-
honorarium per
month per
anganwadi helper
after enhancement
16. We may notice at this stage that the judgment
relied upon by the respondents in State of Karnataka and
Ors.v. Ameerbi and Ors.‟s case (supra) deals with
anganwadi workers appointed under the said Scheme and
the maintainability of an application filed by the workers
under Section 15 of the Administrative Tribunals Act,
1985. It was held in the said case that the post of such
workers was not a statutory post and their recruitment
process was not governed by the Constitution or any
statute and thus the application was not maintainable. It
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WP (C)No.1158/1992 Page 15 of 24
was specifically held that ICDS Programme would neither
constitute an “industry” nor anganwadi workers
“industrial workmen”. The post of anganwadi workers was
not a statutory post and had been created in terms of the
said Scheme, but it was one thing to say that there
existed a relationship of employer and employee by and
between the State and anganwadi workers, but it was
another thing to say that they were holders of a civil post.
This was so observed while simultaneously noticing that
the Court was not oblivious of the fact that their presence
in their respective villages is extremely important and
they make significant contribution to the society. It would
be useful to reproduce some of the observations made by
the Supreme Court in para nos.29, 30, 32, 33, 34, 35, 36,
37 & 39, which are as under:
“29. However, rules framed under proviso to Article
309 of the Constitution of India are not attracted in
the case of the respondents. They are appointed
under a scheme which is not of a permanent nature,
although might have continued for a long time.
30. Appointments made under a scheme and
recruitment process being carried out through a
committee, in our opinion, would not render the
incumbents thereof holders of civil post. Our
attention has not been drawn to any rule or
regulation governing the mode of their recruitment.
Some statements in this behalf have been made by
the interveners but for the reasons stated
hereinbefore, we cannot enter thereinto. A
distinction must be made about a post created by
the Central Government or the State Governments in
exercise of their power under Articles 77 or 162 of
the Constitution of India or under a statute vis-à-vis
cases of this nature which are sui generis. Terms and
conditions of services of an employee may be
referable to Acts of appropriate legislature. The
matter may also come within the purview of Article
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WP (C)No.1158/1992 Page 16 of 24
309 of the Constitution of India as proviso appended
thereto confers power upon the President or the
Governor of a State or other authority, who may be
delegated with such power, to make rules during the
interregnum.
32. One of the questions which was raised before us
was in regard to the right of an anganwadi worker to
contest an election. They are indisputably free to do
so. A holder of a civil post may not be entitled
thereto.
33. In Satrucharla Chandrasekhar Raju v. Vyricherla
Pradeep Kumar Dev; AIR 1992 SC 1959, this Court
while considering the provisions of Article 191(1)(a)
of the Constitution of India in relation to the posts
held by the employees of an Integrated Tribal
Development Agency opined that their employees
would not be holder of an office of profit although
the State exercises control thereover holding: (SCC
pp. 427-28, para 28)
“28. It is also necessary to bear in mind that
the Government is undertaking several
projects and activities including commercial
activities through the corporations and local
bodies exercising some control over such
corporations or bodies. In that view of the
matter they may come within the meaning of
the „State‟ envisaged in Article 12 but that
may not be a decisive factor in deciding the
issue. As a matter of fact, Section 10 of the
Representation of the People Act as well as
Article 58(2) of the Constitution of India do
indicate that all persons employed in such
undertakings, corporations or local bodies
cannot be deemed to suffer disqualification
for contesting the elections except to the
extent indicated therein. This aspect also has
been considered in some of the
abovementioned decisions. If a strict and
narrow construction is to be applied that
amounts to shutting off many prominent and
other eligible persons to contest the
elections which forms the fundamental basis
for the democratic set-up. Therefore
several factors as indicated above depending
upon the facts of each case have to be taken
into consideration in deciding whether a
particular person is disqualified by virtue of
his holding an office of profit before
concluding that such an office is under the
Government.”
34. The decision, therefore, is an authority for the
proposition that those employees who come within
the meaning of Article 12 of the Constitution of India
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WP (C)No.1158/1992 Page 17 of 24
are not necessarily government servants. A fortiori
the State in terms of a scheme may exercise control
over a section of the persons working but thereby
only, they do not become entitled to protection
under Article 311 of the Constitution of India.
35. Reference to the provisions of the Minimum
Wages Act, in our opinion, is also not apposite. The
said Act is applicable to the workmen working in the
industries specified therein. It is not the case of the
respondents that the ICDS Programme would
constitute an “industry” or anganwadi workers are
industrial workmen. There cannot be any doubt
whatsoever that it is one thing to say that the State
would be liable to pay minimum wages irrespective
of its financial constraints but it is another thing to
say that as to whether such a claim can be raised in
respect of those who are working under a project. It
is not a case where the concept of minimum wage,
living wage or fair wage can be brought in service.
36. Different tests applied even for determining the
relationship of employer and employee have recently
been noticed by this Court in District Rehabilitation
Officer v. Jay Kishore Maity; 2006 (11) SCALE 545.
In that case, in almost similar project, the employees
appointed by the District Rehabilitation Centre
claimed themselves to be the Central Government
employees. Each case, therefore, has to be
considered on its own merits.
37. This Court cannot determine a lis only on
sympathy.
39. It is also not a case where the doctrine of parity
of employment can be invoked. It is true that
nomenclature of a term of payment is not decisive
but the substance is as was held in Jaya Bachchan v.
Union of India & Ors.; (2006) 5 SCC 266, but the
question has to be determined having regard to the
issue involved. We are concerned herein with only
one question viz. whether the respondents are
holders of any civil post. We are, having regard to
the materials on record, of the view that they are
not.”
17. Learned counsel for the petitioner, however, sought
to distinguish the judgment by submitting that in para 39,
the Supreme Court, which had noticed that they were
concerned only with one question i.e. whether the
anganwadi workers were holders of any civil post,
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WP (C)No.1158/1992 Page 18 of 24
decided only that issue that the Tribunal had no
jurisdiction to entertain the application.
18. On an analysis of the rival submissions of the
learned counsel for the parties, it is obvious to us that the
judgment in State of Karnataka and Ors.v. Ameerbi and
Ors.‟s case (supra) squarely applies to the case to
anganwadi workers and anganwadi helpers under the said
Scheme. It is the deployment of these two categories
under the said Scheme which has given rise to the claims
made in the present petition as also before the
Administrative Tribunal against which the judgment was
rendered by the Supreme Court.
19. We have quoted the observations of the Supreme
Court at some length only to emphasize that the very
controversy sought to be raised in the present petition is
the one which was dealt with by the Supreme Court albeit
in respect of determining the issue whether the
application filed by the anganwadi workers before the
Administrative Tribunal could be maintained. In fact, in
the counter affidavit filed by the respondents before us,
the real defence is that there was no civil post for which
recruitment took place in accordance with rules qua
anganwadi workers and anganwadi helpers who were
part-time workers/helpers and were thus paid
honorarium/stipend. The Supreme Court has held that the
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WP (C)No.1158/1992 Page 19 of 24
anganwadi workers are not holding any statutory post
though a relationship of an employer and employee
exists. There are no recruitment rules applicable nor is
the State required to comply with the constitutional
scheme of equity as adumbrated under Articles 14 and 16
of the Constitution of India. No process of selection for
purposes of appointment within the constitutional scheme
existed. The appointment process of these workers was
held in para 30 not to render incumbents thereof as
holders of civil post. In this behalf, an example given is of
the entitlement of an anganwadi worker to contest an
election which an holder of a civil post may not be
entitled to. The Supreme Court relied upon the
observations in Satrucharla Chandrasekhar Raju v.
Vyricherla Pradeep Kumar Dev; (1992) 4 SCC 404 to
observe that the employees who come within the
meaning of Article 12 to the Constitution of India are not
necessarily government servants. Even the reference to
the provisions of the Minimum Wages Act, 1948 has been
held not apposite as the same applies to workmen
working in the industries specified therein. The said
Scheme would not constitute an “industry” nor the
anganwadi workers as “industrial workmen”. Thus, we
have not the slightest of doubt that the judgment in State
of Karnataka and Ors.v. Ameerbi and Ors.‟s case (supra)
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WP (C)No.1158/1992 Page 20 of 24
would squarely apply to the facts of the present case, dis-
entitling the anganwadi workers and anganwadi helpers
to any relief.
20. We may notice at this stage that in Secretary, State
of Karnataka and Ors.v. Umadevi & Ors.; AIR 2006 SC
1806, it has been held that it would not be just and
proper to exercise jurisdiction under Article 32 or Article
226 of the Constitution of India to permit the persons
engaged to be regularized, based on the long period of
their service or engagement as it would be perpetuating
illegality. Even in matters of regularization of service, it
has been observed that the Court must be careful to
ensure that they do not interfere unduly with the
economic arrangement of its affairs by the State or lend
themselves the instruments to facilitate the bypassing of
the constitutional and statutory mandate. That was a
case where the respondents before the Supreme Court
claimed regularization of service and equal salary and
other allowances as being paid to other employees on a
regular basis. It was held that unless the appointment
was in terms of the relevant rules, the same could not
confer any right on the appointees.
21. We cannot lose sight of the fact that the
employment of anganwadi workers and anganwadi
helpers is in terms of the said Scheme. Their terms and
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WP (C)No.1158/1992 Page 21 of 24
conditions are to be governed by the said Scheme. The
Government of India in its wisdom has created different
categories of employees under the said Scheme. The
employees, who are to work regularly, are put in a regular
scale, but anganwadi workers and anganwadi helpers are
required to give part-time assistance. No doubt, on being
deployed, the basic training has to be provided to them,
but that itself would not confer any right to get a civil
post. Not only that, a person can be employed without
appropriate educational qualification and initially
honorarium used to vary based on such educational
qualification. The working hours are also different even
from a daily wager. Thus, the modes of providing
honorarium/stipend to the anganwadi workers and
anganwadi helpers cannot be faulted.
22. We, in no manner, want to discount the great
assistance provided by such anganwadi workers and
anganwadi helpers to the system. No doubt, they are
crucial to the system providing the ground level
interaction. The moot point, however, remains that
neither was any civil post created for their benefit nor are
they recruited through any recruitment rules to give them
the constitutional protection which is available to persons
recruited through such a process.
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WP (C)No.1158/1992 Page 22 of 24
23. It is also not in dispute that benefits have been
extended to anganwadi workers and anganwadi helpers
which are not even available to daily wagers like
maternity leave, 20 days leave in a year, etc.
24. We also find some merit in the plea of the learned
counsel for the respondents that though the petitioner
wanted assistance of this Court to ensure that the
anganwadi workers and anganwadi helpers get better
remuneration with which this Court was in agreement,
having availed of that benefit, now seek to wriggle out of
the basic reason why these observations were made by
this Court i.e. the impediment of legal direction which can
be issued by this Court on account of the judgment in
State of Karnataka and Ors.v. Ameerbi and Ors.‟s case
(supra). It was on the humanitarian grounds that we felt
that the matter must be looked at sympathetically by the
Government itself which has translated into some relief
for the anganwadi workers and anganwadi helpers as
their emoluments do stand revised from March, 2011. We
are also conscious of the plea raised by the learned
counsel for Govt. of NCT of Delhi on 01.04.2011 that if
this decision of revision of honorarium was not acceptable
to the petitioner and they want to invite a judgment on
merits, the respondents may not be interested in
implementation of the revised emoluments. Learned
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WP (C)No.1158/1992 Page 23 of 24
counsel for the petitioner was, however, emphatic that
they still want to invite a judgment in view of the
collective decision taken by the petitioner-union.
25. In view of the aforesaid discussion, no relief as
claimed for by the petitioner can be granted to the
anganwadi workers and anganwadi helpers and the writ
petition is accordingly dismissed leaving the parties to
bear their own costs.
SANJAY KISHAN KAUL, J.
MAY 27, 2011 VALMIKI J. MEHTA, J. dm
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