PONNAMMA P K Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether age or health should be the basis for compulsory cessation of service This unusual question crops up for consideration in all this batch of writ petitions filed by certain Anganwadi Workers / Helpers. In some of these writ petitions their respective associations are also parties. They challenge GO (MS) No. 31/2009 dated 07/08/2009 that virtually prescribes 60 years as the age of superannuation and in that process they also assail the very competence of the State to fix the age of compulsory retirement.

(2.) Before adverting to the common claims and contentions it is necessary to refer to certain aspects relevant for deciding the aforesaid issues.

(3.) The 1991 census revealed that India had around 150 million children below the age of six years then constituting about 17.5% of the Indian population. A sizable number among them were found living in such economic and social environment that impede their physical and mental development. Poverty, poor environmental sanitation, diseases, infection, inadequate access to primary health care, inappropriate child caring and feeding practices were identified as the main root causes. Government of India, thereupon, proclaimed a national policy of children in the year 1974 declaring children as 'Supremely Important Asset' and thereafter launched the programme of Integrated Child Development Service Scheme in the year 1975 which is now commonly known as ICDS Project. In fact, it is a Central Government scheme under the auspices of the Ministry of Women and Child Development implemented through State Governments. The main objectives of the scheme are hereunder: