Coverage of this Article

Key Takeaways

-Anganwadi Workers and Helpers in India are appointed under the Integrated Child Development Services Scheme.

Introduction

-Anganwadi Workers and Helpers in India are appointed under the Integrated Child Development Services Scheme (“ICDS”).

Role of AWWs and AWHs in Social Welfare

-These workers are the backbone of the ICDS, which is the largest program in the world for early childhood care and development.

Do AWWs and AWHs hold civil posts?

-In the case of the State of Karnataka andOrs. v. Ameerbiand Ors. [2008 SCC L&S 1 975] (“Ameerbi case”), the Hon’ble Supreme Court has clarified that the Anganwadi Workers and Anganwadi Helpers are not holders of any civil post.

AWWs and AWHs are entitled to Payment of Gratuity

-In the case of Maniben Maganbhai Bhariya v. District Development Officer Dahod & Ors. [Civil Appeal No. 3153 of 2022] (“Maniben case”), the Hon’ble Supreme Court held that the provisions of the Payment of Gratuity Act, 1972 (“1972 Act”) apply tothe Anganwadi Workers and Anganwadi Helpers working in Anganwadi Centers.

Relevance of Ameerbi case in the present scenario

-Along with the observations regarding the primary issue of applicability of the 1972 Act to AWWs and AWHs, the Hon’ble Supreme Court in the Maniben case discussed the relevance of the Ameerbi case in view of changed circumstances.

Conclusion

-Until the judgment in the Maniben case, the AWWs and AWHs were considered temporary workers, who volunteer to fulfill the aims of the ICDS scheme.

Key Takeaways

• Anganwadi Workers and Helpers in India are appointed under the Integrated Child Development Services Scheme.
• AWWs and AWHs function as a bridge between the government and the targeted beneficiaries for delivering a bouquet of benefits stipulated under various government schemes.
• Provisions of the Payment of Gratuity Act, 1972 (“1972 Act”) apply to the Anganwadi Workers and Anganwadi Helpers working in Anganwadi Centers.

Introduction

Anganwadi Workers and Helpers in India are appointed under the Integrated Child Development Services Scheme (“ICDS”). This scheme was first started by the Morarji Desai government in 1975, and its primary aim was to tackle malnutrition among children up to the age of 6 years and provide them with primary healthcare, immunization, and pre-school education. The Governments consider the Anganwadi Workers (“AWWs”) and Anganwadi Helpers (“AWHs”) to be temporary part-time workers. As of June 2018, 13.6 lakh Anganwadi centers were functional in India. In this article, I will discuss the Status of AWWs and AWHs in India by relying upon the judgments of the Hon’ble Supreme Court.

Role of AWWs and AWHs in Social Welfare

• These workers are the backbone of the ICDS, which is the largest program in the world for early childhood care and development.
• Along with the war against malnutrition, the AWWs and AWHs have played a pivotal role during the unprecedented COVID-19 pandemic. During this time, theyhome-delivered rations to ICDS Beneficiaries and also educated rural people about coronavirus.
• Pre-school activities for children in the agegroup of 3 to 6 years are also undertaken by the AWWs and AWHs in the Anganwadi Centers.
• Further, they assist the PHCs (Primary Health Centers) in the proper implementation of immunization or vaccination programs.
• Effective implementation of Sections 4, 5, and 6 of the National Food Security Act, 2013 (“NFSA”) largely depend upon the AWWs and AWHs.
• Under Section 4 of the NFSA, local Anganwadi workers are obliged to deliver free of charge meals to pregnant and lactating women, to meet their nutritional standards.
• Under Section 5 of the NFSA, the children in the age group of 6 months to 6 years are to be provided age-appropriate meals (free of charge) by the local Anganwadis to meet the nutritional requirements of those children. These meals are provided through AWWs and AWHs.
• Under Section 6 of the NFSA, the local Anganwadis have to identify the children suffering from malnutrition and provide them free of charge meals.
• AWWs and AWHs function as a bridge between the government and the targeted beneficiaries for delivering a bouquet of benefits stipulated under various government schemes.
• State Governments utilize the services of AWWs and AWHs for various activities like surveys, promotion of small saving schemes, providing health care, group insurance, and non-formal education.

Do AWWs and AWHs hold civil posts?

In the case of the State of Karnataka andOrs. v. Ameerbiand Ors. [2008 SCC L&S 1 975] (“Ameerbi case”), the Hon’ble Supreme Court has clarified that the Anganwadi Workers and Anganwadi Helpers are not holders of any civil post. These workers and helpers are not appointed on a pay scale. However, they are paid an honorarium and are eligible for paid maternity leave for a period of 135 days. The workers are also given awards based on their dedication and performance by the Centraland State Governments.

However, the court observed that the posts of the Anganwadi workers are not civil posts because:

• These posts have not been created under a statute.
• The aforesaid posts have been created in terms of the ICDS scheme, which is not a scheme of permanent nature.
• Recruitment rules applicable to the Employees of the State do not apply to Anganwadi workers.
• No process of selection for the appointment of these workers exists within the constitutional scheme.
• Anganwadi workers have the right to contest an election, whereas a holder of a civil post may not have been entitled to do so.

In 2022, the Hon’ble Supreme Court again deliberated on the Status of AWWs and AWHs and gave significant observations that seriously challenged the applicability of the Ameerabi case as a precedent.

AWWs and AWHs are entitled to Payment of Gratuity

In the case of Maniben Maganbhai Bhariya v. District Development Officer Dahod & Ors. [Civil Appeal No. 3153 of 2022] (“Maniben case”), the Hon’ble Supreme Court held that the provisions of the Payment of Gratuity Act, 1972 (“1972 Act”) apply tothe Anganwadi Workers and Anganwadi Helpers working in Anganwadi Centers. The court decided it based onthe following factors:

• Anganwadi Centers operate as extended arms/wings of the Government.State Government pays the remuneration to the AWWs and AWHs, after getting a contribution from the Central Government.
• It can be said that occupation is carried on in the ‘establishments’ of Anganwadi Centers by the AWWs and AWHs. Each Anganwadi Center and Mini Anganwadi Center are a part of the Anganwadi ‘establishment’ of the State Government.So, Anganwadi centers are ‘establishments’ within the meaning of Section 1 (3) (b) of the Payment of Gratuity Act, 1972.
• The definition of wages under the 1972 Act covers the honorarium being paid to the AWWs and AWHs.
• So, as the AWWs and the AWHs are employed by the State Government for wages in the Anganwadi establishments (to which the 1972 Act applies), the AWWs & AWHs would be employees of the State for the purpose of the 1972 Act.
• The educational institutions are ‘establishments’ for the purposes of the 1972 Act. Anganwadi Centers are used for running a preschool for children, where AWWs and AWHs act as teachers. Preschool is purely an educational activity.So, even by this reasoning, the provisions of the 1972 Act apply to the Anganwadi workers.

Relevance of Ameerbi case in the present scenario

Along with the observations regarding the primary issue of applicability of the 1972 Act to AWWs and AWHs, the Hon’ble Supreme Court in the Maniben case discussed the relevance of the Ameerbi case in view of changed circumstances. It specifically observed that “much water has flown” after the decision in the Ameerbi case in 2007. NFSA has given statutory status to Anganwadi Centers and assigned them statutory duties, that are to be performed by the Anganwadi Workers and Helpers.

The court also stressed upon Section 11 of the Right to Education Act, to observe that Anganwadi Centers perform statutory duties through AWWs and AWHs.After the enactment of NFSA, the Anganwadi Workers and Helpers are no longer just a part of the temporary scheme of ICDS. So, the Hon’ble Court held that the decision in the Ameerbi case could not detain it from deciding the issue of applicability of the 1972 Act to the AWWs and AWHs.

Even though the court has limited its observations to the issue involved in the Maniben case, it can be inferred from those observations that the Ameerbi case Judgment would not apply to other related issues either. This opens the way, wide open, for the AWWs and AWHs to be considered as being appointed to civil posts.

Conclusion

Until the judgment in the Maniben case, the AWWs and AWHs were considered temporary workers, who volunteer to fulfill the aims of the ICDS scheme. But, after this judgment, the Status of these workers has changed. The court has observed that these workers perform statutory duties and if specific rules have been framed by the State Government for their ‘hiring and firing’, then they could very well be considered as the employees of the State for extending Social Security Benefits to them. This judgment is a step in the right direction for the rights of the AWWs and AWHs, as it acknowledges the hard work done by them and urges the state to provide them with better service conditions.In future cases also, we can expect the court to deliver verdicts favoring the rights of the workers by giving a liberal interpretation of the statutes.