Himachal Pradesh High Court
_______________________________________________________ vs State Of Himachal Pradesh And Ors on 25 September, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14337 of 2025 Date of Decision: 25.9.2025 _______________________________________________________ Priti .......Petitioner Versus .
State of Himachal Pradesh and Ors. ... Respondents _______________________________________________________ Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1 For the Petitioner: Mr. Ashok Kumar, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General.
__________________________________________________________ Sandeep Sharma, Judge(oral): r Petitioner herein is aggrieved of order date 26.8.2025, issued by Child Development Officer, Paonta Sahib District Sirmaur (Annexure P-3), whereby private respondent namely Bala Devi, who is Anganwadi worker came to transferred from Angwanwadi Centre Banour-II Circle Bhaila, to Anganwadi Centre Parlo Shukara, Circle Kamrau.
2. In nutshell, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ashok Kumar, learned counsel for the petitioner is that on account of transfer of the private respondent from Anganwadi Centre Banour to Anganwadi Centre Parlo Shukara, chances of appointment of the petitioner against the post of Anganwadi Centre Banour have diminished. It is averred in the petition that petitioner herein was expecting that she will be participating in the selection process, if any, initiated for appointment against the post of Anganwadi Worker at Anganwadi Centre Banour-II, but before that in violation of Rule 4 of Scheme formulated by the Government of Himachal Pradesh for 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 26/09/2025 21:41:51 :::CIS 2Anganwadi Workers/helpers, respondents transferred private respondent from Anganwadi Centre Banour to Anganwadi Centre Parlo Shukara. While referring to afore clause, learned counsel for the petitioner states that .
application, if any, for transfer was to be made within one month from the date of marriage, but private respondent made application for transfer from Anganwadi Centre Banour to Anganwadi Centre Parlo Shukara, after fifteen years of her marriage.
3. To the contrary, Mr. B.C. Verma, learned Additional Advocate General, while referring to the Clause 4 submits that in terms of clause-4 of the Scheme, an Anganwadi worker can be adjusted at a native place of her husband provided she makes application within a period of one month of marriage or within a period of one month from date of arising of vacancy.
He states that though in the case at hand, petitioner filed application after 15 years of date of marriage, but once it is not in dispute that vacancy, against which private respondent has been adjusted, had arisen one month back only i.e. 28.7.2025 and within a period of one month of date of arising of vacancy, private respondent had applied for transfer, no illegality can be said to have been committed by the respondents while acceding to the request made by the private respondent for adjustment at Anganwadi Centre Parlo Shukara.
4. I have heard learned counsel for the parties and gone through the records of the case.
5. Precise question, which falls for determination in the case at hand is with regard to interpretation of the clause 4 of the Scheme ::: Downloaded on - 26/09/2025 21:41:51 :::CIS 3 formulated by Government of Himachal Pradesh for engagement of Anganwadi worker/helper, which reads as under:
"4. Transfer/Adjustment of the Anganwadi Workers Helpers .
Under Anganwadi Service Scheme there is no provision of transfer of Anganwadi Workers/Helpers as these are honorary workers. However, only in case of Marriage/Divorce of AWW or AWH some adjustments/Transfer can be done as follows only once in a life time, subject to the condition that a vacancy exists/ arises at the place of her husband's normal place of residence/place of marriage or within the Panchayat area concerned, she can be adjusted on her request made within 30 days from date of vacancy arising or date of marriage as the case may be. Divorce/ destitute women living with their parents in Anganwadi area, but working at the place of marriage can be transferred to the place of Anganwadi falling in the parental area or within the Panchayat area in a similar manner subject to the availability of vacancy District Programme Officer will be the competent authority to order transfer/adjustment of Anganwadi Worker/Helpers within the District. Outside district transfers will be done with the approval of Director WCD. Under Anganwadi Service Scheme there is no provision of transfer of Mini Anganwadi Workers as these are honorary workers.
However, only in case of Marriage/Divorce of Mini AWW some adjustments/Transfer can be done as follows only once in a life time, subject to the condition that a vacancy exists/ arises at the place of her husband's normal place of residence/place of marriage or within the Panchayat area concerned, she can be adjusted on her request made within 30 days from date of vacancy arising or date of marriage as the case may be. Divorce/ destitute women living with their parents in Mini Anganwadi area, but working at the place of marriage can be transferred to the place of Mini Anganwadi falling in the parental area or within the Panchayat area in a similar manner subject to the availability of vacancy. District Programme Officer will be the competent authority to order transfer/adjustment of Anganwadi Worker/Helpers within the District. Outside district transfers will be done with the approval of Director WCD"::: Downloaded on - 26/09/2025 21:41:51 :::CIS 4
6. Careful perusal of aforesaid provision contained in the Scheme reveals that though there is no provision of transfer of Anganwadi worker/Helper on account of her being honorary Anganwadi workers, but in .
case of marriage/divorces of Anganwadi Worker or Anganwadi helper, some adjustments/transfers can be made only once in life time subject to the condition that vacancy exists or arises at the place of her husband's normal place of residence/place of marriage or within the Panchayat area concerned. Anganwadi worker/helper can be adjusted on her request made within thirty days from the date of vacancies arising or date of marriage as case may be. Admittedly, in the case at hand, marriage of private respondent was solemnized 15 years back, but since at the relevant time, there was no vacancy, if any, at the place of her husband's normal place of residence , there was no occasion, if any, for her to make application. It is only when vacancy arose i.e. 28.7.2025, she made an application well within one month for her adjustment. Once scheme provides for adjustment on account of vacancy, if any, at the place of her husband's normal place of residence coupled with the fact that petitioner applied within one month of date of arising of the vacancy, no illegality can be said to have been committed by the respondents while ordering adjustment of the petitioner.
7. In similar facts and circumstance, coordinate Bench of this Court vide judgment dated 8764 of 2023, titled as Bimla Devi v. State of Himachal Pradesh and Ors., had an occasion to interpret clause 4, which readas as under:
"●There is no provision of transfer of Anganwari Workers/Helpers as they are honorary workers.::: Downloaded on - 26/09/2025 21:41:51 :::CIS 5
● In case of marriage of Anganwari Worker/Helper some adjustments can be made. In case, a vacancy exists/arises at the place of her husband's normal place of residence/place of marriage or within the Panchayat area concerned, Anganwari Worker can be .
adjusted on her request made within one month from the date of availability of vacancy or the date of marriage as the case may be. ● The divorced/destituted Anganwari Workers living with their parents in Anganwari area but working at their place of marriage can also be transferred to Anganwari Center falling in their parental Panchayat area subject to availability of vacancy. 4(ii) In the instant case, respondent No.5 was married on 16.08.2002 with a resident of Gujrodhar. She was appointed as Anganwari Worker at Anganwari Center Gujrodhar in the year 2007. In view of respondent No.5's appointment as Anganwari Worker at Anganwari Center Gujrodhar, subsequent to the date of her marriage, the above clause does not entitle her to claim transfer to Anganwari Center Mahota. It is not in dispute that respondent No.5 and her husband continue to be resident of Village Gujrodhar. Respondent No.5 does not fall under any of the contingencies contemplated under Clause 4 of the Scheme. She was not eligible to seek transfer from Anganwari Center Gujrodhar. Further more, as per Clause 4, application for transfer can be made only within one month from the date of marriage. This condition is also not satisfied in the instant case."
8. Consequently, in view of the above, this Court no merit in the present petition and as such, same is dismissed accordingly, alongwith pending applications, if any.
(Sandeep Sharma), Judge September 25, 2025 manjit ::: Downloaded on - 26/09/2025 21:41:51 :::CIS