V LALITHA Vs. REGIONAL JOINT DIRECTOR

JUDGEMENT

(1.) THE petitioners, who are presently working as Anganwadi Workers in the Integrated Child Development Services (ICDS) Scheme, have filed this batch of writ petitions questioning the fixation of upper age limit at 45 years for recruitment to the post of Supervisor Grade -II. Some of the petitioners have questioned such restriction by filing applications under Section 19 of the Administrative Tribunals Act, 1985, before the A.P. Administrative Tribunal, Hyderabad, and the same were dismissed by the Tribunal by order dated 16th July 2013, against which, some writ petitions of this batch are filed. The remaining writ petitions are filed directly before this Court with an allegation that as the recruitment is not to a civil post, such writ petitions can be maintained directly before this Court under Article 226 of the Constitution of India. As much as all the writ petitions involve the same question of law on similar set of facts, they are heard together and are being disposed of by this common order. For the purpose of disposal, we refer to the facts as arise in W.P.No.21783 of 2013.

(2.) THE Government of India has introduced the Integrated Child Development Services Scheme with the main objective of improving the health, nutrition and needs of young children, pregnant women and nourishing mothers. The said scheme was introduced in 1975 and is being implemented through State Governments. As per the norms notified in the said scheme, for every 400 to 800 population, there will be one Anganwadi Centre (AWC) and one Supervisor post is sanctioned for every 25 Anganwadi Centres for effective maintenance and supervision of such centres. As stated in the counter affidavit, there are 200 to 250 Anganwadi Centres in an ICDS project, headed by the Child Development Project Officer. The Anganwadi Worker is a grass -root level functionary, appointed under the ICDS scheme and is an honorary worker and is paid monthly honorarium. As per the conditions notified in G.O.Ms.No.21, Women Development, Child Welfare and Disabled Welfare (ICDS) Department, dated 24th August 2007, guidelines are prescribed with regard to educational qualifications, age limit etc., for appointment to the post of Anganwadi Worker. As per the said guidelines, a candidate should be a local married woman, must have passed 10th class and must be in the age group of 21 to 35 years as on 1st July of the recruiting year.

(3.) IN this batch of cases, mainly it is the case of petitioners that they are appointed as Anganwadi Workers several years back and they have completed 10 years of service, but in view of fixation of outer age limit at 45 years, they are losing the opportunity of being considered for appointment to the post of Supervisor Grade -II. It is their case that the similarly placed Anganwadi Workers, who are appointed initially like them and subsequently selected to the post of Supervisor Grade -II on contract basis, are being allowed to attend the examination without any age restriction, whereas, though they stand on the same footing, respondents, in arbitrary and discriminatory manner, have imposed such age restriction at 45 years as on 01.07.2013. It is stated that as Anganwadi Workers, they have gained experience and since 2006 onwards, there were no recruitments to the post of Supervisor Grade -II, and for the ensuing recruitments, only on the ground that they have crossed the age of 45 years as on 1st July of the recruiting year i.e. 01.07.2013, they are sought to be eliminated even from the zone of consideration. It is also their case that as much as the persons appointed as Supervisors Grade -II on contract basis were also initially appointed as Anganwadi Workers like them, they stand on the same footing for recruitment to the post of Supervisor Grade -II on regular basis, as such, all the erstwhile Anganwadi Workers appointed as Supervisors Grade -II and the petitioners who are being continued as Anganwadi Workers, should be allowed to participate in the selection process without any age restriction.