MANEESHA RAJPUT Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) After having carefully gone through the material on record appointment of Aangan Badi Worker been purely a honorary job, in absence of violation of any statutory rules and regulations, even otherwise, the relief as sought cannot be granted by this court under writ jurisdiction in view of detailed judgment passed by the Supreme Court in Civil Appeal No. 4953 of 1998, State of Karnataka & Ors. v. Ameerbi & Ors. decided on 7.12.2006. The Apex Court held that the post of Aangan Badi Workers is not a statutory post nor they are holding any civil post. While considering the scheme of the Aangan Badi Workers, the Apex Court further observed that the Aangan Badi Workers do not carry any function of the State. Their posts are not created. Recruitment rules ordinarily applicable to the employees of the State are not applicable in their case. The State is also not required to comply with the constitutional scheme of equality as adumbrated under Articles 14 and 16 of the Constitution of India. No process of selection for the purpose of their appointment within the constitutional scheme exists. The Aangan Badi Workers are appointed on a scheme which is not of a permanent nature. The Apex Court further went to the extent that even provisions of the Minimum Wages Act are not applicable in regard to Aangan Badi Workers. In view of observations made by the Supreme Court, as referred above, the writ petition is dismissed accordingly as having no merits.