The Child Development Project ... vs Laxmichhaya Baburao Gudsurkar ...
2022 Latest Caselaw 9309 Bom

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                    16 WRIT PETITION NO.9302 OF 2022

     THE CHILD DEVELOPMENT PROJECT OFFICER AND ANOTHER
                          VERSUS
        LAXMICHHAYA BABURAO GUDSURKAR AND OTHERS

Shri. N. S. Kadam, Advocate for the petitioners

                                     CORAM : M. G. SEWLIKAR, J.

DATED : 15th SEPTEMBER, 2022

PER COURT :-

1. Heard.

2. Learned counsel Shri. Kadam for the petitioners

submits that in view of judgment of the Hon'ble Apex Court in

the case of State of karnataka and Others Versus Ameerbi

and Others reported in (2007) 11 Supreme Court Cases

681 held that anganwadi workers do not carry on any function

of the State. They do not hold post under a statute. Their posts

are not created. Recruitment rules ordinarily applicable to the

employees of the State are not applicable in their case. No

process of selection for the purpose of their appointment within

the constitutional scheme exists. It is also held that Minimum

Wages Act is not applicable to them.

3. In view of this, issue notice to the respondents,

returnable on 19th October, 2022.

4. Interim relief in terms of prayer clause 'C' till then.

[M. G. SEWLIKAR, J.]

ssp