HC: Formulate policy to absorb anganwadi staff in government service

AHMEDABAD: In an important judgment that could benefit 1.06 lakh women in Gujarat and over 24 lakh women across the country, the Gujarat high court has ruled that anganwadi workers (AWWs) and anganwadi helpers (AWHs) are entitled to be absorbed as "permanent employees holding civil posts" in the central or the state govts.

Justice Nikhil Kariel directed the Centre and the state govt to jointly formulate a policy for the absorption of AWWs and AWHs in govt services and to confer the consequential benefit of regularisation of their jobs under the Integrated Child Development Services (ICDS), a centrally sponsored scheme. Their absorption in the govt service in Gujarat was ordered under the Gujarat Civil Services (Classification and Recruitment) (General) Rules, 1967.

The HC further ordered the consideration of the salary of AWWs and AWHs in the minimum pay scale as available to Class 3 and Class 4 posts, respectively. The govt was also ordered to pay arrears, and in the case of the petitioners, the cut-off date will be three years preceding the date of filing the petitions, which was in 2015. This is because the women working in these positions are paid an honorarium, Rs 10,000 to AWWs and Rs 5,500 to AWHs, which is much less than a Class 4 employee working in such a category for four hours a day.

The HC in its order directed the Centre and the state govt to complete the exercise of forming the policy within six months from the date of uploading the judgment on the HC's portal, which happened last week. In its order, the HC further directed that until the govts take an appropriate decision in this regard, the petitioners are entitled to a salary in the minimum pay scale in Class 3 and Class 4 posts.

The HC's directions are in response to hundreds of petitions filed in 2015 by AWWs and AWHs working for over 10 years and seeking regularisation in service and minimum wages . The women working in these posts claimed discrimination and exploitation and urged the court to hold that the system of employing them under the ICDS scheme on an honorarium is in violation of the constitutional provisions.

The HC noted in its order that "discrimination of AWWs and AWHs vis-a-vis govt employees, is writ large on the face of the functions, duties and responsibilities of the AWWs and AWHs as compared to the emoluments paid to the AWWs and AWHs." The HC further stated in its order that these women are paid very little considering the fact that an AWW is required to work as a paramedic, a counsellor, a coordinator, a public relations manager, an event manager, a clerk, a pre-school teacher, and more. They are also required to attend the anganwadi between 9am and 3.45pm. The court stated in its order that "while the govt takes pride in running a programme like ICDS, it pays very little to workers, whereas there exists a master and servant relationship between the state of Gujarat and the AWWs and AWHs".