Himachal Pradesh High Court
Bimla Devi vs State Of H.P. & Ors on 1 May, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
( 2025:HHC:11997 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8764/2023 Decided on: 01.05.2025 Bimla Devi ...Petitioner Versus State of H.P. & Ors. ....Respondents.
........................................................................................... Coram Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioner: Mr. C.N. Singh, Dr. Nidhi Singh, Mr. Devender Sharma and Mr. Anshul Gandhi, Advocates.
For the respondents: Mr. Rajat Choudhary, Assistant Advocate General, for respondents No.1 to 4.
Mr. Basant Pal Thakur, Advocate, for respondent No.5.
Jyotsna Rewal Dua , J Petitioner is aggrieved against the transfer of respondent No.5-Champa Devi, an Anganwari Worker from Anganwari Center Gujrodhar, Tehsil Karsog, District Mandi to Anganwari Center Mahota, Tehsil Karsog, District Mandi.
2. From the joint submissions made by learned counsel on both sides, following emerges:-
2(i) Respondents No.1 to 4 issued an advertisement for the post of Anganwari Worker at Anganwari Center Gujrodhar, Tehsil 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 ( 2025:HHC:11997 ) Karsog, District Mandi. Respondent No.5 on account of her marriage on 16.08.2002, to a resident of Gujrodhar, was eligible to apply for the post of Anganwari Worker at Anganwari Center Gujrodhar. She accordingly applied and participated in the selection process. Respondent No.5 was selected and appointed as Anganwari Worker at Anganwari Center Gujrodhar, Tehsil Karsog, District Mandi. 2(ii) Respondent No.5's mother Smt. Shakuntla Devi, resident of Village Mahota, Tehsil Karsog, District Mandi was serving as Anganwari Worker at Anganwari Center Mahota, District Mandi. On attaining the age of superannuation, she retired on 11.01.2022. Consequently post of Anganwari Worker fell vacant at Anganwari Center Mahota.
2(iii) Petitioner is resident of village Mahota, Tehsil Karsog, District Mandi. Her husband met with an accident and died on 22.11.2021 leaving behind petitioner and a son, presently aged about 7 years. Compelled by the circumstances, petitioner was interested to serve at Anganwari Center Mahota. She made a request to respondent No.4 for filling up the post of Anganwari Worker at Anganwari Center Mahota. Her request was not heeded to.
Respondents did not take any steps for filling up the post of Anganwari Worker at Anganwari Center Mahota through the regular selection process envisaged under the guidelines framed for appointment of Anganwari Workers.
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( 2025:HHC:11997 ) 2(iv) Noticing respondent No.5 serving at Anganwari Center Mahota, the petitioner applied for information under the Right to Information Act with respect to status of post of Anganwari Worker at Anganwari Center Mahota, Tehsil Karsog, District Mandi. On receipt of the information/documents, petitioner became aware of the fact that respondent No.5 had been transferred on 19.12.2022 (Annexure P-5) from Anganwari Center Gujrodhar to Anganwari Center Mahota. Respondent No.5 was relieved from Anganwari Center Gujrodhar on 21.12.2022 (Annexure P-6). Consequent thereupon post of Anganwari Worker at Anganwari Center Gujrodhar was shown as available/vacant and made part of notice dated 16.10.2023 (Annexure P-10) whereunder applications were invited from eligible candidates for vacant posts of Anganwari Workers in different centers.
Feeling aggrieved, petitioner has instituted this writ petition, seeking quashing of the impugned transfer/adjustment orders dated 19.12.2022 (Annexure P-5), relieving order dated 21.12.2022 (Annexure P-6) as also Annexure P-10 dated 16.10.2023 inviting applications for the post of Anganwari Worker at Anganwari Center Gujrodhar. The substantive reliefs prayed for by the petitioner read as under:-
"(i) Issue a writ of Certiorari, Mandamus or other appropriate writ Order for quashing the impugned transfer/adjustment order dated 19.12.2022 & 21.12.2022 (Annexure P-5 and Annexure P-6) 4 ( 2025:HHC:11997 ) as well as notification/advertisement dated 16.10.2023 (Annexure P-10) to the extent of filing up the post of Anganwari Center, Gujrodhar for all intents and purposes.
(ii) Issue a writ of Certiorari, Mandamus or other appropriate writ Order by directing the respondents department to re-
transfer/adjust the respondent No.5 to Anganwari Center, Gujrodhar within time bound manner.
(iii) Issue a writ of Certiorari, Mandamus or other appropriate writ Order by directing the respondents department, to initiate the process for filling up the post of Anganwari Worker at Anganwari Center Mahota, Tehsil Karsog, District, Mandi, Himachal Pradesh in accordance with the policy and complete the same within time bound manner."
On 08.11.2023 an interim order was passed in this petition directing the respondents not to fill up post of Anganwari Worker at Anganwari Center Gujrodhar that was advertised at Serial No.2 in the notice dated 16.10.2023 (Annexure P-10).
3. Learned counsel for the petitioner contended that there is no authority with respondents No.1 to 4 to transfer respondent No.5-Anganwari Worker from Anganwari Center Gujrodhar to Anganwari Center Mahota. Transfer of respondent No.5 is not in consonance with Clause 4 of the 'Scheme/Guidelines for the engagement of Anganwari Workers/Mini Anganwari Worker/Helpers on honorary basis under ICDS Scheme run by Social Justice & Empowerment Department'. Learned counsel also placed reliance 5 ( 2025:HHC:11997 ) upon Babli Devi Vs. State of H.P. & Ors. 2, Rekha Kumari Vs. State of H.P. & Ors.3 and Manju Sharma Vs. State of H.P. & Ors.4 According to the learned counsel for the respondents, respondent No.5 was transferred from Anganwari Center Gujrodhar to Anganwari Center Mahota on 19.12.2022. Respondent No.5 is resident of Village Chatkar, Post Office Jassal, Tehsil Karsog, District Mandi, which falls under the Gram Panchayat Sahaj and the concerned Gram Panchayat Pradhan had given No Objection Certificate for transfer/adjustment of respondent No.5 at Anganwari Center Mahota, where post of Anganwari Worker was lying vacant. Respondent No.5 was adjusted there at her request. Petitioner did not prefer any representation against the transfer of respondent No.5 from Gujrodhar to Mahota at the appropriate stage. Respondent No.5 was transferred from Gujrodhar to Mahota within the feeder area of same Gram Panchayat in order to facilitate respondent No.5 at place nearby to her parental home area within the same Gram Panchayat.
4. Heard learned counsel for the parties and considered the case file.
4(i) Admittedly, the conditions of service of Anganwari Workers including their transfers are governed by the Scheme/Guidelines for the engagement of Anganwadi Workers/Mini 2 CWP No. 7748/2021 decided on 12.01.2023 3 CWP No. 8479/2012 decided on 10.07.2019 4 CWP No. 870/2011 decided on 29.03.2017 6 ( 2025:HHC:11997 ) Anganwari Worker/Helpers on honorary basis under ICDS Scheme run by Social Justice & Empowerment Department. Clause 4 whereof pertains to transfer/adjustment of Anganwari Worker/Helpers, and reads as under:-
4. Transfer/Adjustment of the Anganwadi Workers/ Helpers.
Under ICDS programme there is no provision of transfer of Anganwadi Workers/Helpers as these are honorary workers. However, only in case of marriage of AWW or AWH ,some adjustments can be done as follows, 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 one month from date of vacancy arising or date 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 Panchyat area in a similar manner subject to the availability of vacancy. Distt.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.
Transfer/Adjustment of the Mini Anganwadi Workers Under ICDS programme there is no provision of transfer of Mini Anganwadi Workers as these are honorary workers. However, only in case of marriage of Mini Anganwadi Workers, some adjustments can be done as follows, 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 7 ( 2025:HHC:11997 ) within one month from date of vacancy arising or date 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 Panchyat area in a similar manner subject to the availability of vacancy. The above clause states;
● There is no provision of transfer of Anganwari Workers/Helpers as they are honorary workers. ● 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, 8 ( 2025:HHC:11997 ) 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.
5. Therefore, looking from any angle, the transfer of respondent No.5 from Anganwari Center Gujrodhar to Anganwari Center Mahota, cannot be justified. Accordingly, this writ petition is allowed. Impugned orders dated 19.12.2022 (Annexure P-5) and 21.12.2022 (Annexure P-6) are quashed. The notice dated 16.10.2023 (Annexure P-10) to the extent it calls for applications for filling in post of Anganwari Worker at Anganwari Center Gujrodhar (at Serial No.2) is also quashed. Consequently, respondents No.1 to 4 are directed to transfer respondent No.5 back to her original place of posting i.e. Anganwari Worker at Anganwari Center Gujrodhar, Tehsil Karsog, District Mandi within two weeks. Respondents No.1 to 4 are at liberty to advertise & fill the vacant post of Anganwari Worker at Anganwari Center Mahota, Tehsil Karsog, District Mandi, in accordance with law.
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( 2025:HHC:11997 ) The present petition is disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua Judge 01st May, 2025(rohit)