Family Annual Income Needs To Be Considered For Determining Eligibility Of Anganwadi Workers, Not Individual Annual Income: Himachal Pradesh High Court

A single judge bench of the Himachal Pradesh High Court comprising of Justice Ranjan Sharma while deciding a Civil Writ Petition in the case of Usha Rani vs State of HP & Ors. has held that to determine the eligibility for appointment as Anganwari Workers, the family annual income of the female candidate must be under Rs. 8000 per annum and not the individual annual income of the female candidate.

Background Facts

Usha Rani (Petitioner) was working as an Anganwari Worker. A notification dated 11.4.2007 was issued by the State of Himachal Pradesh (Respondent), containing the guidelines for appointment of Anganwari Workers/Helpers under ICDS Programme. As per clause 4(f) of the aforesaid notification, the annual income must not exceed Rs. 8000 per annum. The services of the Petitioner were dispensed with by passing an order in 2023 (impugned order) on the ground that the salary of the Petitioner and her Husband was Rs. 9400, which exceeded the eligibility requirement at the time of her appointment. The contention of the Petitioner was that clause 4(f) takes into account the income of the female candidate only and not the female candidate and her family collectively. Thus, the Petitioner filed the aforesaid Civil Writ Petition challenging the impugned order.

Findings of the Court

The court observed that clause 4(f) and 4(e) of the notification need to be read together. Clause 4(e) provided the eligibility criteria stating that the female member must belong “to a family which was legally separated as a separate family as per procedure laid down in the Panchayati Raj Act and Rules before 1st January, 2004”.

The court provided that a harmonious reading of clause 4(e) and 4(f) shows that the income needs to be computed by including all family members, who acquire the status of “separate family prior to 1.1.2004” under the Himachal Pradesh Panchayati Raj Act Rules. Thus, only those female candidates are eligible who belong to a separate family, whose annual income, is below Rs.8000 per annum.

The court further held that any Interpretation of clause 4(f) or 4(e) other than the aforesaid will amount to extending the benefit to a female who may be unemployed but her husband/family members are sufficiently well off, having a income exceeding Rs. 8000. Further, the object of the Anganwadi Scheme is to provide employment opportunity to female candidates belonging to marginalized section of the villages

With the aforesaid observations, the Civil Writ Petition was dismissed and the order of termination of services of the Petitioner was upheld.

Case No.- CWP No.1275 of 2024

Case Title: Usha Rani vs State of HP & Ors

Citation: 2024 LiveLaw (HP) 11

Counsel for the Petitioner- Mr. Digvijay Singh

Counsel for the Respondent- Mr. Rajan Kahol & Mr. Naveen K. Bhardwaj

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