Tripura High Court
The State Of Tripura & Others vs Smt. Bina Rani Paul & Others on 1 May, 2025
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HIGH COURT OF TRIPURA
AGARTALA
WA No.83 of 2024
The State of Tripura & others
.........Appellant(s);
Versus
Smt. Bina Rani Paul & others
.........Respondent(s).
WA No.124 of 2024
The State of Tripura & others
.........Appellant(s);
Versus
Niyati Rani Roy & others
.........Respondent(s).
WA No.131 of 2024
The State of Tripura & others
.........Appellant(s);
Versus
Anita Roy & others
.........Respondent(s).
For Appellant(s) : Mr. Saktimoy Chakraborti, Advocate General.
Mr. Dipankar Sarma, Addl. G.A.
For Respondent(s): Mr. Purusuttam Roy Barman, Sr. Advocate,
Mr. Samarjit Bhattacharjee, Advocate,
Ms. Aradhita Debbarma, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
01/05/2025
The appellants seek to distinguish the judgment of Maniben
Maganbhai Bhariya v. District Development Officer, Dahod and others
reported in (2022) 16 SCC 343 upon which the learned Writ Court has relied
while granting relief to the present petitioners/respondents herein. It is
contended that the ICDS scheme though operates pan-India and is a centrally
funded scheme in the ratio of 90:10, but the service conditions of the
Anganwadi Worker (AWW) and Anganwadi Helper (AWH) in the State of
Gujarat are governed by rules framed by the State of Gujarat. This is obvious
from a reading of the judgment in the case of Maniben (supra)1 at paragraphs
16.1 and 86. The ICDS scheme is not on record.
The AWWs and the AWHs in the State of Tripura are engaged
under the ICDS scheme. The rules which govern the recruitment and service
conditions of the AWW and AWH of the State of Gujarat are not on record.
Appellants are trying to draw a distinction between the AWW and the AWH of
the State of Tripura with that of the State of Gujarat. In order to appreciate this
issue, it is therefore necessary that the ICDS scheme and the relevant rules
governing the service conditions of the AWW and AWH working in the State
of Tripura and in the State of Gujarat are produced before this Court. Learned
Additional Government Advocate for the appellants-State would submit a
convenience compilation containing the above as also other relevant documents
which form part of the pleadings. He prays for 4(four) weeks' time to do so.
As prayed for by learned Additional Government Advocate for the
appellants-State and learned senior counsel for the respondents, let these
matters appear on 26.06.2025. Convenience compilation and a compilation of
decisions on which the appellants seek to rely be submitted at least 7(seven)
days in advance.
(BISWAJIT PALIT), J (APARESH KUMAR SINGH), CJ
Pijush/
MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2025.05.03 14:29:05 +05'30'
(2022) 16 SCC 343
