Smt. Dalu Majumder vs The State Of Tripura
2022 Latest Caselaw 358 Tri

                         HIGH COURT OF TRIPURA
                               AGARTALA

                             WP(C) 859 of 2021
     Smt. Dalu Majumder,
     wife of Shri Birud Debbarma,
     resident of Barsham Para, P.O. Kalachara T.E.
     P.S. Sidai Mohanpur, District: West Tripura
                                                                 ............ Petitioner
           - Vs -
1.   The State of Tripura,
     Represented by the Chief Secretary,
     Government of Tripura, Agartala,
     Civil Secretariat, PO Kunjaban, PIN: 799006.

2.   The Secretary to the Government of Tripura,
     Department of Social Welfare and Social Education,
     Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3.   Additional Secretary to the Government of Tripura,
     Department of Social Welfare and Social Education,
     Civil Secretariat,   P.O. Kunjaban, Agartala, PIN:799006

4.   The Deputy Secretary to the Government of Tripura,
     Department of Social Welfare and Social Education,
     Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5.   The Director of Social Welfare and Social Education,
     Government of Tripura, Abhoynagar, P.O. Abhoynagar,
     Agartala, P.S. East Agartala

6.   The Child Development Project Officer,
     Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur,
     District: West Tripura

7.   The Union of India,
     represented by the Secretary,
     Ministry of Women and Child Development,
     Government of India, Shastri Bhawan, New Delhi
                                                               ............ Respondent

WP(C) 692 of 2021

Smt. Jamuna Ghosh wife of Sri Sudhir Chandra Ghosh, resident of village Briddhanagar, PO & PS Ranirbazar, District: West Tripura, PIN:799035 ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 47 of 2022

Smt. Parul Das, wife of late Ajit Kumar Das, resident of Ranirbazar, Briddhanagar, PO & PS Ranirbazar, District: West Tripura, PIN:799035 ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 824 of 2021

Smt. Sumitra Datta, Wife of late Anukul Datta, Resident of Katlamara (Rangamara), PO Simna, PS Sidai, Mohanpur, District: West Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 924 of 2021

Smt. Pratima Das wife of late Sukhomoy Das resident of West Kanchanbari, P.O. Kanchanbari, P.S. Fatikrai, District: Unakoti, Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 925 of 2021

Smt. Bina Bhattacharjee, wife of late Manik Talapatra resident of Village & PO Gakulnagar, P.S. Fatikrai, District: Unakoti, Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 926 of 2021

Smt. Sita Debnath @ Sita Rani Debnath, wife of late Upendra Debnath, resident of West Ratacherra, P.O. Emrapasa, P.S. Fatikrai, District: Unakoti, Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 927 of 2021

Smt. Shipra Das (Deb), wife of late Haripada Deb resident of Indira Colony, P.O. & P.S. Fatikrai, District: Unakoti, Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 928 of 2021

Smt. Lalremliani Darlong daughter of late Thuamliana Darlong resident of Darlong para, East Raitwasa, P.O. Purba Betcherra, P.S. Kumarghat, District : Unakoti, Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 930 of 2021

Smt. Minata Deb, wife of Sri Jyotirmoy Datta, resident of Kandigram, P.O. Manik Bhandar, P.S. Kamalpur, District: Dhalai, Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

WP(C) 931 of 2021

Smt. Archana Rakshit, Wife of Sri Bimal Datta Resident of Fulchari, Mayachhari, PO & PS Kamalpur, District: Dhalai, Tripura ............ Petitioner

- Vs -

1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, Agartala, Civil Secretariat, PO Kunjaban, PIN: 799006.

2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006.

3. Additional Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

4. The Deputy Secretary to the Government of Tripura, Department of Social Welfare and Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, PIN:799006

5. The Director of Social Welfare and Social Education, Government of Tripura, Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala

6. The Child Development Project Officer, Mohanpur ICDS Project, Mohanpur, PO & PS Mohanpur, District: West Tripura

7. The Union of India, represented by the Secretary, Ministry of Women and Child Development, Government of India, Shastri Bhawan, New Delhi ............ Respondent

For the Appellant(s) : Mr. Mr. Raju Datta, Adv For the respondent(s) : Mr. B Majumder, Asst. SG Mr. B Majumder, CGC Mr. D Sarma, Addl. GA Mr. K De, Addl. GA Mr. M Debbarma, Addl. GA Mr. DC Saha, Adv.

Mr. Anujit Dey, Adv.

Date of hearing                      :        08.03.2022
Date of pronouncement                :        25.03.2022
Whether fit for reporting            :        NO


                      HON'BLE MR. JUSTICE S. TALAPATRA

                                   Judgment & Order

All the above mentioned writ petitions are combined for disposal by a

common judgment as in all these writ petitions a common relief has been sought

and such relief has been claimed to have been covered by previous decisions of this

court.

2. In these writ petitions, the petitioners, Anganwadi Workers

(AWWs)/Anganwadi Helpers (AWHs) have challenged a few notifications and

memoranda. Those are mostly common in all the writ petitions. For brevity, a

catalogue of those notifications and memoranda are placed hereunder:

1. Notification No.46 (176) - ICDS / SWE/2012/1557(94) dated 07.07.2012 issued by the respondent No.2.

2. Memorandum No. F.46(54)-ICDS/SWE/2015/7780(69) dated 15.05.2015 issued by the respondent No.3 whereby

the age of disengagement of Anganwadi Workers and Angangwadi Helpers has been fixed on completion of 60 years.

3. Memorandum No. F.1(6)-CDPO/MNP/15/390(4) dated 30.10.2021 issued by the respondent No.6 or the memorandum of like nature directing the petitioners to handover the complete charge to the Anganwadi Workers or Helpers on or before a certain date.

3. The writ petitioners are working under the Integrated Child

Development Scheme (ICDS) as Anganwadi Worker or Anganwadi Helper in the

State of Tripura. By the memorandum dated 15.05.2015, the maximum age of

disengagement has been fixed at 60 years. On that ground, a few Anganwadi

Workers or Anganwadi Helpers have been disengaged or terminated from their

services for their attaining 60 years of age, in gross violation of the memorandum

of the Government of India, as it is evident from the communication dated

19.07.2017 issued by the Ministry of Women & Child Development, Government of

India under No.21-1/2017-CD.1 that as per the restructured 3rd phase of ICDS, the

existing guidelines do not provide a uniform age limit for retirement of Anganwadi

Workers. Rather to determine the maximum age limit, the task has been left to the

State Governments. It has also been communicated that the maximum age limit of

65 years for Anganwadi Workers and Anganwadi Helpers has been supported by

most of the State Governments at various forums. In view of the above, a uniform

policy decision would be undertaken to discontinue the services of Anganwadi

Workers and Anganwadi Helpers at the age of 65 years.

4. But contrary to the central policy, by the notification under

No.46(176)-ICDS/SWE/2012/1557(94) dated 07.07.2012, the Government of

Tripura published its decision by fixing the upper/maximum age limit of Anganwadi

Workers and Anganwadi Helpers under the Education (SW&SE) Department, who

were honorarium based workers, at the age of 60 years with immediate effect and

until further orders. By the memorandum dated 15.05.2015, as referred above, all

the CDPOs have been instructed to take follow up action for disengaging the

Anganwadi Workers and Anganwadi Helpers who have attained 60 years of age.

Accordingly, those Anganwadi Workers and Anganwadi Helpers, including the

petitioners, received the memorandum on diverse dates issued by the Child

Development Project Officer (CDPO) in respect of their disengagement and for

handing over the charge, whatsoever is lying with them.

5. The petitioners are all similarly circumstanced and by means of these

writ petitions they have urged this court for setting aside the Notification dated

07.07.2012 and Memorandum dated 15.05.2015 and other consequential

memoranda directing the petitioners to handover the charge for their attaining the

age of 60 years.

6. It has been further urged that the petitioners being the Anganwadi

Workers and Anganwadi Helpers be allowed to continue in their services till they

attained 65 years of age. Till then, the petitioners should not be terminated to the

serious detriment of their livelihood.

7. By filing the reply in some of the cases, the respondents have stated

that the Ministry of Women and Child Development has provided a broad

framework which is not to be mandatorily followed by the State Governments. The

State governments can fix the maximum age for the Anganwadi Workers and

Anganwadi Helpers for their final disengagement. Accordingly, the Government of

Tripura has fixed the maximum age limit at 65 years.

8. Mr. R Datta, learned counsel who appears for the petitioners has

categorically stated that the question is no more res integra. Several writ petitions

had been filed and this court has declared that the maximum age for

disengagement for the Anganwadi Workers and Anganwadi Helpers will be 65

years. Even some of those decisions, in this regard, have been challenged in intra-

court appeals. The direction in respect of allowing the Anganwadi Workers and

Anganwadi Helpers to continue till 65 years of age has been further consolidated by

the decisions of this court while disposing the writ appeals.

9. Mr. Datta, learned counsel has, out of the several decisions, referred

a decision of this court in Rina Purakayastha Vs. State of Tripura & Ors [the

common judgment dated 10.03.2021 delivered in WP(C)886/2019]. Along with that

case, several other analogous cases were decided. The State of Tripura and the

other respondents challenged the said decision in Rina Purakayastha (supra) for

setting aside the direction upon the Government of India to take uniform decision

on the maximum age for final disengagement or retirement of the Anganwadi

Workers and Anganwadi Helpers. In Rina Purakayastha (supra) it had been

observed that having followed the policy of the Union of India, the Government of

West Bengal has decided that the age of disengagement of Anganwadi Workders

(AWWs) and Anganwadi Helpers (AWHs) will be 65 years of age. This information

can be availed from the communication dated 20.09.2018.

10. But the Government of Tripura has not accepted the maximum age

limit of 65 years, even though by the memorandum dated 22.10.2012 the

Government of India had proposed the maximum age for disengagement of

Anganwadi Workers and Anganwadi Helpers to be 65 years of age.

11. In that background, it was directed that since the Government of

India is on their process to take a uniform policy, the appropriate policy in that

regard should be taken by prescribing a uniform age of disengagement in all states

and UTs. The state government should review their decision in terms of the

communication dated 22.10.2012. It was further directed that Anganwadi Workers

and Anganwadi Helpers shall be allowed to continue in the services even after they

had crossed 60 years of age till such policy is finalized.

12. The said order was challenged in the writ appeal being WA 173/2021

[State of Tripura & Ors. Vs. Rina Puraakaystha]. By the judgment dated

29.06.2021 the said writ appeal was disposed of on observing as follows:

"As noted, 90% of the expenditure is covered by the Central Government funding. The State contributes barely 10%. Secondly, whether a person retires at the age of 60 years or 65 years, we do not see how it fundamentally changes the expenditure burden of the Government. If an employee retires at the age of 60 years, there would be an earlier need for replacement. If the same person continues till the age of 65 years, the requirement of engaging a new person to substitute him or her would be delayed by that period. The service is not pensionable and thus, there is no question of the pensionable service being higher with higher retirement age leading to greater pension liability for the State Government. In any view of the matter, without there being strong reasons cited by the State Government, it would not be possible for the State authorities to discard and disregard the Government of India guidelines for implementation of the scheme since 90% of the funding comes from the Government of India coffers. Age of retirement of the employees engaged in the scheme is essential part of implementation of the scheme.

In the result, appeals are dismissed."

13. Following those decisions, several writ petitions which were filed by

the similarly circumstanced Anganwadi Workers and Anganwadi Helpers have been

disposed of. It has been stated at the Bar that the said decision of the writ

appellate court has not been challenged by the State and that decision has reached

its finality.

14. Mr. R Datta, learned counsel has submitted that this batch of writ

petitions is squarely covered by the judgment dated 29.06.2021 delivered in WA

173/2021 [State of Tripura & Ors. Vs. Rina Puraakaystha] along with other

analogous writ appeals.

15. Mr. DC Saha, learned counsel appearing for the respondents in WP(C)

692/2021 (Jamuna Ghosh Vs. State of Tripura & Ors.) has pointed out that

the petitioner has already been disengaged on 31.01.2021. The said writ petition

has been filed on 23.09.2021. As such, the said writ petition stands apart from this

batch.

16. This court has given its anxious consideration to the facts and

circumstances of these writ petitions, as borne in the records, and have appreciated

the submissions made by the learned counsel for the parties and is of the opinion

that these writ petitions are covered by the decision in WA 173/2021 [State of

Tripura & Ors. Vs. Rina Puraakaystha]. So far WP(C) 692/2021 (Jamuna

Ghosh Vs. State of Tripura & Ors.) is concerned, it is true that the writ petition

was filed on 23.09.2021 whereas the writ petitioner was disengaged w.e.f.

31.01.2021. But, the question whether the Anganwadi Workers and Anganwadi

Helpers should be allowed to continue till they attained the age of 65 years, is

common to all the writ petitions. The answer must be in the affirmative, in view of

the decision in Rina Purakayastha (supra).

17. The impugned notification and memoranda, as noted above, and

similar notifications & memoranda whereby the maximum age of disengagement of

the Anganwadi Workers and Anganwadi Helpers has been made 60 years are

interfered with and set aside.

18. As corollary, the respondents are directed to allow all the petitioners,

except the petitioner in WP(C) 692/2021, to continue their service as Anganwadi

Workers and Anganwadi Helpers till they attained the age of 65 years. So far as the

petitioner in WP(C) 692/2021 is concerned, she shall be called to serve the

remaining years out of the maximum age of 65 years. She shall be called forthwith,

by any means, not beyond 15.04.2022.

19. With the aforesaid observations and directions, these writ petitions

are allowed and disposed of.

There shall be no order as to costs.

Pending application(s), if any, also stand disposed of.

JUDGE

lodh