STATE OF H P AND ORS Vs. PUNRA DEVI
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 34795 of 2015, Judgment Date: Mar 24, 2015
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. OF 2015
(Arising out of S.L.P. (Civil) Nos. 34795-34796 of 2014)
State of Himachal Pradesh and others ... Appellants
Versus
Punra Devi ...Respondent
J U D G M E N T
Prafulla C. Pant, J.
Leave granted.
2. These appeals arise out of judgment and order dated 6.3.2013, passed
by the High Court of Himachal Pradesh at Shimla in CWP No. 7879 of
2012-H whereby the High Court has disposed of said writ petition
allowing the respondent (writ petitioner), who is Anganwari Helper at
Anganwari Centre, Chori, to the post of Anganwari Worker in Anganwari
Centre, Hardeeppur. The review petition filed by the appellants
before the High Court has also been dismissed vide order dated
23.5.2014. The same is also challenged before us.
3. Heard learned counsel for the appellants. No one turned up on behalf
of the respondent even after sufficient service reported on her.
4. Brief facts of the case are that respondent Punra Devi was appointed
on 13.8.2007 as Anganwari Helper in Anganwari Centre, Chori, District
Kangra, Himachal Pradesh. There are two Anganwari Centres, namely,
Anganwari Centre, Chori and Anganwari Centre, Hardeeppur, which fall
within the limits of village panchayat Lagnru. Appellant No. 2,
Director, Department of Social Justice and Empowerment, Himachal
Pradesh, Shimla, issued communication dated 10.5.2012 to all Child
Development Project Officers (C.D.P.Os) of the State informing that in
case the post of Anganwari Worker (AWW) falls vacant in any Anganwari
Centre, the Anganwari Helper (AWH) working at the same centre can also
be considered on priority basis for appointment to the post of AWW.
Claiming the benefit of above communication, respondent submitted her
application for the post of AWW in Anganwari Centre, Hardeeppur, to
Child Development Project Officer (CDPO) Dehra, District Kangra,
Himachal Pradesh. She also made a representation to appellant No. 2
seeking her appointment on the above mentioned post. When her request
was not accepted, she filed writ petition (CWP No. 7879 of 2012)
before the High Court seeking following reliefs: -
"i. That the respondents may very kindly be directed to
consider the petitioner for appointment to the post of
Anganwari Worker in Anganwari Centre Hardeeppur under the
Child Development Project Officer, Dehra, District Kangra
without insisting upon the conditions of prescribed limit
to the family income of the petitioner, because of her
already working as Anganwari Helper, in the interest of
justice.
ii. That the respondents may also be directed to apply the
instructions issued by the respondent No. 2 on 10.05.2012
at Annexure P-5 in the case of the petitioner also so as to
consider her for appointment as Anganwari Worker in
Anganwari Centre Hardeeppur on account of her already
working as Anganwari Helper in Anganwari Centre Chori and
her possess the requisite qualifications of +2, in the
interest of justice.
iii. That the respondents may also be directed to create 2 to 3
promotional avenues to the Anganwari Worker to the next
higher post, in the interest of justice.
iv. That the entire record of the case may very kindly be
summoned from the respondent for the kind perusal of this
Hon'ble Court.
v. That any other order or direction which this Hon'ble Court
may deem just and proper in the facts and circumstances of
the present case, may be passed in favour of the petitioner
and against the respondent."
5. The High Court disposed of the above writ petition allowing the
respondent to apply for the post of AWW of Hardeeppur with certain
observations, which is challenged before us by the appellants, after
rejection of the review application.
6. The only issue involved in these appeals before us is as to whether an
Anganwari Helper (AWH) of one Anganwari Centre can seek promotion to
the post of Anganwari Worker (AWW) of the another Anganwari Centre, or
not?
7. Be it noted, Integrated Child Development Scheme (ICDS) is a centrally
sponsored flagship Scheme of the Government of India which envisages
six services, i.e., supplementary nutrition, immunization, health
check-up, referral services, pre-school non-formal education and
nutrition and health education. The AWWs and AWHs are community based
frontline honorary workers under the ICDS, and are central figure in
helping the community as to the needs of their children by delivery of
services under the Scheme. They are required to be appointed from the
local community who come forward to render their services, on part-
time basis in the area of child care and development. As per the
guidelines, selections of AWWs and AWHs require that the women
appointed for such services should be from local village and
acceptable to the local community.
8. In the light of the guidelines of the Central Government, Government
of Himachal Pradesh issued its notifications from time to time in
connection with appointment of AWWs/AWHs. Paragraphs, relevant to
this case, contained in the Notification No. WLF-B(14)3/87-1 dated
Shimla 19.6.2010, which was issued in supersession of the previous
notifications, are being reproduced below: -
"In partial modification of this department notification of even
dated 5th October, 2009 and dated 8th January, 2010 the
Governor, Himachal Pradesh is pleased to substitute the
provision of following rules: -
Rule 4 i.e. Eligibility Criteria;
Only such female candidates are eligible to apply for the post
of Anganwadi Worker or Helper who are
a) Family wise freezing of the list of families being covered in
the feeder area of the AWC will be ensured as on first January
of recruitment year before starting the selection process and
advertising of vacancies with due publicity and only the
residents of the areas as above will be entitled to apply. If
the candidates are not available within the feeder area,
applications can be invited from the desirous candidates
residing within the area of the concerned Gram Panchayat in case
the feeder area falls in 2 Gram Panchayats prior approval of the
Director SJ&E H.P. will be required.
b) For Anganwadi worker minimum qualification shall be 10+2 or
equivalent and for Helper minimum qualification shall be Middle.
xxx xxx xxx
d) The annual income of the family of candidates does not exceed
Rs.15000/- per annum which is to be certified/countersigned by
an officer not below the rank of Tehsildar/Naib
Tehsildar/Executive Magistrate.
Rule 5 i.e. Advertisement of vacancies: - Following provision to
be added: -
Provided, where the post of AWW has fallen vacant due to
any reason and the matter is not sub judice the Anganwadi Helper
shall be given first opportunity to be appointed as worker if,
she fulfills the minimum prescribed educational qualification
for AWWs and no advertisement will be required.
xxx xxx xxx
Terms and conditions of services
Rule 4 i.e. Transfer/Adjustment of the Anganwadi Worker 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 if, vacancy
exists at the place of her husband's normal place or residence/
place of marriage, she can be adjusted on her request made
within one month from date of arising of vacancy.
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 subject to
availability of vacancy. Distt. Programme Officer will be the
competent authority to order transfer/adjustment of Anganwadi
workers/helpers within the District. Outside district transfers
will be done with the approval of Director."
9. It is not the case of the respondent that due to her marriage or
divorce she is required to be transferred from one centre to another
centre, nor is her case for promotion/ appointment from the post of
AWH to AWW in the same Anganwari Centre. Admittedly, she was
appointed in 2007 as AWH in Anganwari Centre, Chori. Now she has
prayed for her appointment to the post of AWW in Anganwari Centre
Hardeeppur. It is not disputed that the communication dated
10.5.2012, issued by the appellant No. 2 (Director, Social Justice
and Empowerment) to CDPOs of the State provides that if a post of AWW
falls vacant in an Anganwari Centre, AWH of the same centre can be
considered for her appointment to the post of AWW, giving her
priority.
10. Considering the facts as above, we are of the opinion that the High
Court has erred in law in unnecessarily interpreting the above
provision, to make the same applicable for appointment/promotion of
AWH from one Anganwari Centre to another Anganwari Centre by observing
that honorarium which was being drawn by such candidate shall not be
added to her income in the income certificate required for the post.
In fact communication dated 10.5.2012 does not reflect that honorarium
is required to be added in the income of AWH of that centre for her
appointment as AWW in the same centre.
11. Learned counsel for the appellants submitted before us that, vide
letter No. SJE-A-E(20)171/2012 dated 18.9.2013 read with notification
No. SJE-A-F(1)-3/2011 dated 3.9.2013, the State Government has already
clarified that the honorarium being paid to the Anganwari Helper shall
not be considered for the income of family in the case of a candidate
who applies for the post of Anganwari Worker. It is further pointed
out to us that the condition regarding requirement of same feeder area
remains unchanged.
12. In view of the above, having heard learned counsel for the appellants,
and further considering the ICDS read with relevant guidelines, we are
of the view that the High Court has erred in directing the appellants
to consider the case of the respondent, who is AWH in the Anganwari
Centre of Chori, for the post of AWW in the Anganwari Centre of
Hardeeppur. Needless to say that the area of one Anganwari Centre is
not the feeder area of another Anganwari Centre. Therefore, in our
opinion the impugned orders passed by the High Court cannot be
sustained.
13. Accordingly, the appeals are allowed. The impugned orders dated
6.3.2013 passed in CWP No. 7879 of 2012-H, and the order dated
23.5.2014 passed in CMP (M) No. 12086 of 2013 (in RPST 7126 of 2013),
by the High Court are hereby set aside. There shall be no order as to
costs.
......................................J.
[Dipak Misra]
......................................J.
[Prafulla C. Pant]
New Delhi;
March 24, 2015.
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