Anganwadi Workers Perform Onerous Statutory Duties, Not Considering Them As Part Of State Civil Services Is Discriminatory: Gujarat HC

The Gujarat High Court in an order passed recently observed that although Anganwadi Workers and Helpers are not formally part of State Civil Services, they perform a "unique role" as well as onerous statutory duties under the Right to Education Act and the National Food Security Act. Justice Kariel after considering view of the Supreme Court observed that “concept of equality being a dynamic concept cannot be confined to a straight jacket formula, to this Court, it would appear that merely on account of there being no comparable equivalent post in the State or Central service, would not render the AWWs and AWHs unable to challenge the State's arbitrary action in paying meagre amount per month by categorizing their services as voluntary/honorary services.” Furthermore, the Court in its 122 page order observed that discrimination should be assessed based on the overall functions, duties, and responsibilities of Anganwadi Workers and Helpers. The Court then observed “Thus, as observed by this Court as hereinabove, the responsibilities and duties entrusted to AWWs and AWHs are onerous, yet, they are paid a meager amount per month under the guise of honorarium and whereas the AWWs and AWHs are not entitled to any other attendant benefits which a regular employee holding a civil post in the State is entitled to.” This Court further considered another aspect regarding the State's decision not to recognize Anganwadi Workers and Anganwadi Helpers as employees of the State, which seems arbitrary. "To elaborate, in the considered and humble opinion of this Court, in this age where sustainable employment is very hard to find, the Government by using its domineering position has framed a scheme whereby persons are engaged to do variety and multiple tasks, which has great bearing on the future generation of the State and by now, the Hon'ble Supreme Court having laid down that the AWWs and AWHs are in fact fulfilling the statutory obligation of the State under the RTE Act, 2009 and NFS Act, 2013, yet, the State is neither treating such persons as a part of its own establishment nor paying them wages commensurate to the work done by them.