STATE OF KARNATAKA Vs. AMEERBI

JUDGEMENT

(1.) The Central Government floated a Scheme known as Integrated Child Development Service (ICDS) Programme in the year 1975. It is funded by the Central Government. Its application, however, is at the hands of the respective States. Anganwadi workers are appointed from amongst the local inhabitants. Selection is made by a committee. Under the Scheme, about one hundred Anganwadi workers are required to be recruited from each of the urban and rural projects and 50 for the tribal projects, whereas one for each Anganwadi Worker is to be appointed as a helper. The staff pattern for ICDS Project is stated in para 3.1.18 of the Scheme which is as under:

(2.) Anganwadi workers filed an application purported to be under Section 15 of the Administrative Tribunals Act, 1985 (for short "the Act") before the Karnataka State Administrative Tribunal. In one of such applications being Nagarathna B.K. and Ors. v. The Secretary, Social Welfare Dept. and Ors. 1992 K.S.L.J. 177, it was held that the said application was not maintainable. Correctness of the said decision came to be questioned. The matter was referred to a larger bench of the Tribunal. By reason of the impugned judgment, the Tribunal held the said application to be maintainable opining that although Anganwadi workers and helpers are paid honorarium, they hold civil post. The State of Karnataka is before us questioning the correctness of the said judgment. This Court issued notice to Union of India also. It has also filed a counter affidavit.

(3.) Mr. Sanjay R. Hegde, learned Counsel appearing on behalf of the appellants, took us through the scheme and submitted that whereas certain posts are sanctioned and created, bulk of them are not sanctioned and required to be filled up from amongst the volunteers from the community. It was contended that they merely act as conduit to implementation of some welfare schemes. They may have to work for a maximum period of 4 and 1/2 years. They are not holders of civil posts. They can contest elections. It was submitted that for filling up of the said posts, no advertisement is required to be made, nor the provisions of the recruitment rules are required to be complied with.