Madhya Pradesh High Court
Smt. Pushpa Mishra vs The State Of Madhya Pradesh Judgement ... on 8 January, 2014
1
W.P.No.7319/2013
Writ Petition No. 7319/2013
08/01/2014
Shri Rajesh Chand, learned counsel for the petitioner.
Shri A.K.Chourasiya, learned Govt. Advocate for the
respondents/State.
The issue as raised herein as to whether the petitioner, an Anganwadi Worker, has a right to serve beyond 60 years of age, is no more res-integra and has been settled at rest by the decision in W. P. No. 13320 of 2009(s) (Smt. Santosh Dubey v. State of Madhya Pradesh and others) and bunch of petitions by order dated 04-03-2010 wherein it was held :-
"13. The Ministry of Woman and Child Development Department of the State Government issued instructions on 27.5.2006 which lays down therein the service conditions of the Anganwadi Workers and Sahayika. The circular issued on 27.5.2006 was in supersession of the earlier instructions issued on 29.1.2001, 2.3.2002, 27.5.1996 and 12.9.2002. Under the said instructions the State Government laid down the criteria for appointment of Anganwadi Worker/Sahayika, preference for their appointment, procedure for selection and appointment, procedure for their removal on the post of Anganwadi Worker/Sahayika. Clause B-5 deals with removal of Anganwadi Sahayika. As per clause-D, the services of Anganwadi Worker/Sahayika will be 2 W.P.No.7319/2013 terminated on their attaining the age of 60 years after giving one month's notice to them by the Project Officer. As per ICDS Scheme which deals with the functions and responsibilities and its implementation was left to the State Government and the State Government in pursuance thereto issue instructions and, therefore, it cannot be said that the State Government is not competent to remove them on their attaining the age of 60 years. As per the said instructions/policy, the services of the petitioners can be discontinued after their attaining the age of 60 years. The said instructions was also superseded by the Ministry of Woman and Child Development Department of Government of Madhya Pradesh by its instruction dated 10.7.2007. As per instructions dated 10.7.2007, the services of Anganwadi Worker/Sahayika shall be discontinued on attaining the age of 60 years. The circular dated 27.8.2003 was issued by the Directorate of Woman and Child Development as at the relevant time the State Government did not fix the maximum age of remaining in the job for Anganwadi Worker/Sahayika. The aforesaid order merely conveys that Anganwadi Worker/Sahayika can function even beyond the age of 58 years subject to assessment of their physical efficiency and, therefore, all the petitioners and other similarly situated Anganwadi Workers/Sahayika were 3 W.P.No.7319/2013 allowed to function beyond the age of 58 years. Thereafter, the State Government issued a policy dated 27.5.2006 and 10.7.2007, wherein it is very specifically stipulated that the Anganwadi Worker and Sahayika shall be automatically discontinued on attaining the age of 60 years.
15. The posts of Anganwadi Workers are not statutory posts. They have been created in terms of the scheme. It is one thing to say that there exists a relationship of employer and employee by and between the State and Anganwadi Workers but it is another thing to say that they are holders of civil posts.
18. As per circular dated 10.7.2007 issued by the State Government, retirement age of Anganwadi Workers (AWWs) and Anganwadi Helpers is 60 years. They being honorary workers, are paid monthly honorarium decided by the Government from time to time. The guidelines/policy framed by the State Government which authorized the State Government to appoint them and take disciplinary action and also terminate their services are applicable to them and it cannot be said that they cannot be retired after completing the age of 60 years without any appraisal to their efficiency as required by the instructions of Government of India dated 15.6.1988.4 W.P.No.7319/2013
19. The association of the petitioner also challenged the action of respondents by filing W.P. No. 10888/2009(PIL) (Anganwadi Karyakarta Avam Sahayika Akta Union vs. State of M.P. and others) in which this court rejected the prayer of interim relief and observed that in case of success the members of the petitioner's union shall be entitled to all consequential benefits.
20. For the above mentioned reasons, petition filed by the petitioner has no merit and is accordingly dismissed."
It is also stated at Bar that the aforesaid order has been affirmed in the Intra Court Appeal (W.A. No. 304/2010).
In view whereof the present petition stands dismissed as having no merit.
Certified copy as per rules.
(SANJAY YADAV) JUDGE anand