Calcutta High Court (Appellete Side)
Service Project Workers Union & ... vs State Of West Bengal & Ors on 7 August, 2023
07.08.23
113 Ct. No.25
Sws.M
WPA 21896 of 2022
West Bengal State Integrated Child Development
Service Project Workers Union & Ors.
vs.
State of West Bengal & Ors.
Mr. Swarup Paul
Mr. Guru Saday Dutta
Mr. Anish Roy
...for the petitioners
Mr. Anand Farmania
Mr. Rajarshi Basu
...for the State
The petitioner No. 2 is still in service. The
petitioner Nos. 3 to 6 have retired on various
dates in 2018 and 2019. The petitioners were
engaged as Anganwadi Workers (AWWs) and
Anganwadi Helpers (AWHs) in the Integrated Child
Development Services (ICDS) Scheme of the
Government of West Bengal. By a Memo dated
February 3, 2014 issued by the Joint Secretary,
Department of Child Development & Women
Development & Social Welfare, Government of
West Bengal, the maximum age limit for an AWW
and AWH worker was fixed at 65 years for all new
recruits with effect from the date of issuance of
the notification. By an Office Order dated March
1, 2013, the Governor was pleased to decide in
public interest that the services of all the AWWs
and AWHs in Government-run and NGO-run
2
ICDS Projects would be terminated from their
honorary works with effect from April 1, 2014 if
they reach 65 years by the March 31, 2014. In the
event, the AWW/AWH reaches 65 years after
March 31, 2014, her service will be discontinued
on and from the last date of the month in which
she attends 65 years.
By a notification dated September 30,
2020, the Joint Secretary, W & CD & SWD was
pleased to award one time terminal grant of
Rs.3,00,000/- to each AWW and AWH. The said
notification was applicable to people who attained
the age of 65 years on and from September 30,
2020.
Admittedly, the petitioner Nos.2 to 6 have
been terminated from service on various dates in
2018 and 2019. Therefore, it has to be deemed
that they attained the age of 65 years, on the
dates of termination/discontinuation of their
services.
Only the petitioner No. 2 is continuing in
service. Therefore, the petitioner No. 2 is squarely
covered by the Memo dated September 30, 2020
since she will attain 65 years after the cutoff date
of September 30, 2020.
It is submitted on behalf of the State that
the cutoff date of September 30, 2020 is a policy
3
decision on the part of the State-respondents after
taking into consideration the financial viability of
the scheme. Since it is a policy decision, the
Courts in judicial review should be slow to
interfere with the same, unless manifest mala fide
intention, perversity or arbitrariness can be
proved against the respondent authorities.
Considering the submissions of the parties
and the materials placed on record, this Court
directs the Principal Secretary, Department of
Women & Child Development and Social Welfare
Department, Government of West Bengal to
consider the representations of the petitioners
dated June 30, 2022 and July 1, 2022 within a
period of eight weeks from date upon giving a
personal hearing to the petitioners or her
representatives. A reasoned order may be passed
after viewing the case of the petitioners
sympathetically since the petitioners have
completed several years of service as AWW/AWH
whereas the persons who have received onetime
terminal benefits, may have received the same
after completing substantially less years of service
as AWW/AWH. A reasoned order shall be
communicated to the petitioners within two weeks
of passing thereof.
The petitioners' representations for
payment of gratuity under the Payment of
Gratuity Act, 1972 shall also be considered by the
Principal Secretary taking into consideration the
Apex Court's Judgments in Civil Appeal No. 3153
of 2022 and SLP (Civil) No. 30193 of 2017.
With the direction aforesaid, WPA 21896
of 2022 is disposed of.
All parties are to act on a server copy of
this order downloaded from the official website of
this Hon'ble Court.
Urgent certified website copies of this
order, if applied for, be made available to the
parties subject to compliance with all requisite
formalities.
(Lapita Banerji, J)
