'Entitled To Living Wage': Gujarat HC Sets Aside Direction To Treat Anganwadi Workers At Par With Govt Employees, Orders Increase In Pay

The Gujarat High Court on Wednesday (August 20) partly reversed a single judge's 2024 order which had declared that Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) shall be treated at par with the regularly selected permanent employees holding civil posts in the State or Central Government.While it set aside the single judge's directions to treat anganwadi workers and helpers at par with government employees and formulation of a policy for their regularization, the court however noted that the wages granted to anganwadi workers were paltry despite directions of the Supreme Court. It thus directed the authorities to increase the minimum wages granted to AWWs and AWHs which is to be paid within six months along with arrears. The court passed the order in a batch of appeals challenging a single judge's August 2024 order. AWWs and govt employees recruited differently, not comparableA division bench of Justice AS Supehia and Justice RT Vachchani in its order said:"Though, as per the directions of the Apex Court in the case of Maniben (supra), the AWWs and AWHs are declared as holding statutory posts in light of 2013, Act, the direction issued by the learned Single Judge to treat them at par with regularly selected permanent employees holding posts either in the Central Government or State Government is fallible, since there is fundamental difference of their source of recruitment. There is also vast difference in their mode and manner of recruitment, requisite educational qualifications etc. The AWWs and AWHs, though can be said to be holding statutory posts, and their appointments are neither illegal nor irregular, they still have to satisfy the mandate of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967, more particularly Rule 4 and Rule 9 thereof. The AWWs cannot be treated at par with Subordinate Service of Class-III. Similarly, AWHs cannot be considered at par with Inferior Service of Class-IV. Class-III and Class-IV employees in the State Government Departments, after undergoing recruitment process as prescribed under Rules 9 by the respective departments, are placed in particular pay scales".The court said that AWWs and AWHs are paid 'wages' and are not conferred regular pay-scale at par with the State Government Class-III employees. Hence, the bench said, the comparison "is impracticable and unworkable". It further observed that in a hybrid system of governance i.e. by the Central and States, the Courts cannot issue directions either to the Central Government or State Government treating the posts as comparable or undertake necessary exercise of comparison. "The exclusive authority and dominion on these subjects are on the Central Government and the State Government, who have to work in sync, in order to see that the Schemes of such nature are effectively funded and implemented for the benefit of the lowest strata of society," it added. The court further said that the status of AWWs and AWHs is "coterminous" with the status of Anaganwadi center. It said that if a Center is closed down due, the service of AWWs and AWHs will automatically end."...such posts, which are created for running an Aanganwadi Center will always remain in the state of flux. Even if it held that the AWWs and AWHs are appointed on posts sanctioned by the State Government for a particular Anganwadi Center, such posts cannot assume the colour of Class-III and Class-IV posts created and filled in under the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967," it added. The court thus held that the single judge had erred in directing the Centre and the State governments to treat the AWWs and AWHs at par with Class-III and Class-IV government employee posts.The court noted that AWWs and AWHs are appointed under the Integrated Child Development Services Scheme (ICDS) Scheme and such scheme is sustained by the budgetary provision."The Court cannot be oblivious of the fact of the financial burden, which would fall on the Central Government and State Government, in case the AWWs and AWHs are directed to be absorbed in Class-III and Class-IV posts respectively...The Scheme of ICDS is hybrid in nature and the governance is also hybrid. 60% wages /emoluments are being paid by the Central Government, as mentioned hereinabove, and 40% are being paid by the State Government. Thus, looking to the nature of the ICDS Scheme, it is not feasible to absorb the AWWs and AWHs in Class-III and Class-IV posts respectively of the State Government unless either the Central Government exclusively frames statutory rules in light of the 2013 Act or the State Government amends the Gujarat Civil Services Classification (General) Rules, 1967 or issues any statutory rules under Article 309 of the Constitution to create the posts for the AWWs and AWHs". Absorbing AWWs will cast huge financial burdenThe bench observed that financial implicationss due to...

'Entitled To Living Wage': Gujarat HC Sets Aside Direction To Treat Anganwadi Workers At Par With Govt Employees, Orders Increase In Pay

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