Case Note & Summary
The petitioner, Sau. Vidya Vishnu Vanare, filed a writ petition seeking implementation of Government Resolution dated 12.3.2008 for her appointment as Anganwadi Sevika by the Zilla Parishad, Buldhana. She claimed to have worked as an Anganwadi helper since 1.11.2001 and that the Anganwadi Sevika at Mouza Dhanora (Bk) resigned on 5.8.2007, creating a vacancy. She alleged that she had been working in charge of the post since 6.10.2007 and was eligible under the GR. The court observed that Anganwadi helpers and sevikas receive meager honorarium and often rush to court under Article 226. The court noted that the petitioner was not a candidate sponsored by the Employment Exchange and thus not covered by the GR. The court held that Anganwadi workers are not government servants and the petition was not maintainable. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Anganwadi Workers - Regularisation - Government Resolution dated 12.3.2008 - The petitioner, an Anganwadi helper, sought appointment as Anganwadi Sevika under a Government Resolution. The court held that Anganwadi workers are not government servants and the resolution does not confer a right to automatic appointment. The petition was dismissed as not maintainable. (Paras 1-13)
Issue of Consideration
Whether the petitioner, an Anganwadi helper, is entitled to be appointed as Anganwadi Sevika under Government Resolution dated 12.3.2008 and whether the writ petition is maintainable for such contractual employment.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Anganwadi workers are not government servants
- no right to regularisation
- Government Resolution does not confer automatic appointment
- writ petition not maintainable for contractual employment
Case Details
2010 LawText (BOM) (12) 100
WRIT PETITION NO.5675/2010
V.C. DAGA, A.B. CHAUDHARI
Shri K.S. Narwade (for petitioner), Ku. K.K. Pathak (Amicus Curiae), Ms Tajwar Khan (AGP for respondent No.1)
Sau. Vidya wife of Vishnu Vanare
The State of Maharashtra, The Zilla Parishad Buldhana
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking implementation of Government Resolution dated 12.3.2008 for appointment as Anganwadi Sevika.
Remedy Sought
Petitioner sought direction to respondent No.2 to implement Government Resolution dated 12.3.2008 and appoint her as Anganwadi Sevika.
Filing Reason
Petitioner claimed she was eligible and qualified for the post of Anganwadi Sevika under the Government Resolution but respondent No.2 failed to implement it despite her representations.
Issues
Whether the petitioner is entitled to appointment as Anganwadi Sevika under Government Resolution dated 12.3.2008.
Whether the writ petition is maintainable for contractual employment of Anganwadi workers.
Submissions/Arguments
Petitioner argued that she has been working as Anganwadi helper since 1.11.2001 and after the Sevika resigned, she worked in charge and is eligible under GR dated 12.3.2008.
Respondents contended that the petitioner was not sponsored by the Employment Exchange and thus not covered by the GR.
Ratio Decidendi
Anganwadi workers are not government servants and the Government Resolution does not confer a right to automatic appointment. The writ petition under Article 226 is not maintainable for such contractual employment.
Judgment Excerpts
It has been observed by this Court that Anganwadi helpers and Anganwadi Sevikas who hardly get honorarium @ Rs.1,000/- to 1200/- per month and who work in rural areas straightway rush to this Court invoking the jurisdiction under Article 226 of the Constitution of India in the matters pertaining to their employment i.e. termination, regularization etc..
Procedural History
The petition was filed in 2010. Heard on 21.12.2010 and judgment pronounced on 23.12.2010.
Acts & Sections
- Constitution of India: Article 226
