Satywati @ Satwanti vs Ministry Of Child And Development And Ors

Nita Chowdhury, Member (A)

This OA has been filed by an Anganwadi Worker, seeking the following reliefs:-

"a) To set aside the order dated 30.06.2017 passed by the Ld. District Officer North-West-II, Department of Women and Child Development.

b) To pass an order or direction thereby directing the Respondents to re-instate the Applicant with all back wages on the same post of Anganwadi Worker at AWC No.8, J.J. Colony Bawana, ICDS Project Tikri Khurd Delhi.

c) Pass such other or further order(s) this Hon'ble Court deem fit and proper in the facts and circumstances of the present case.

d) Grant the cost of the application."

The facts, in brief, are that the applicant, who was an Anganwadi Worker in Delhi, has sent written letters/requests through speed post to continue to be employed as an Anganwadi Worker and has requested the respondents to reinstate her in job but has not received any response from the respondents. Hence this OA.

Before proceeding with this OA, counsel for the applicant was asked to clarify as to whether the Central Administrative Tribunal has any jurisdiction to decide matters relating to Anganwadies. In reply to this query, the applicant informed that she had filed a Writ Petition (Civil) No. 1053 before the Hon'ble High Court of Delhi and the Hon'ble High Court of Delhi, vide judgment dated 05.02.2018, held that "since it is the mandate of Section 14 of The Administrative Tribunals Act, 1985 that all service matters pertaining to Government of NCT of Delhi are to be dealt with by the Central Administrative Tribunal, New Delhi, therefore,  this petition  and  applications  are  disposed  of  with liberty to petitioner to approach the Central Administrative Tribunal, New Delhi for the relief claimed in this petition".

The specific question with regard to jurisdiction in the matter of Anganwadies has already been settled by the Hon'ble Supreme Court in State of Karnataka & Ors. vs. Ameerbi & ors., (2007)11 SCC 681 in which it has been held as under:-

"Constitution of India, Articles -14 and 16 - Administrative Tribunals Act, 1985, Sector 3(k) and 15 - Administrative Tribunal - Jurisdiction - Civil post - Anganwadi workers - Appointment under scheme of Central Government - Scheme directly under the control of State governments, financial burden is to be borne by Central government - They are not carrying on any function of the State and do not hold post under a statute - Recruitment rules ordinarily applicable to the employees of the State are not applicable in their case - State not required to comply with the constitutional scheme of equality under Article 14 and 16 - No process of selection for the purpose of their appointment- Anganwari workers held not holding of any civil post - State Administrative Tribunal has no jurisdiction to entertain their application."

The Hon'ble Supreme Court had considered matters related to Anganwadi Workers and in the above decision, it has been clearly held that "Anganwadi Workers do not hold any civil post and in view of the said fact, the State Administrative Tribunal has no jurisdiction to entertain their claim." This OA has also been filed by an Anganwadi Worker who was carrying out task of Anganwadi Management under the Government of NCT of Delhi and in view of the above order of the Apex Court, it becomes amply clear that the Tribunal has no jurisdiction in this matter and hence, the OA is not maintainable on the ground of jurisdiction as held by the Apex Court in Ameerbi & Ors.' case (supra). Accordingly, the OA is dismissed as not maintainable. MA seeking interim direction also stands dismissed. However, this order shall not preclude the applicant from approaching a competent court of law, for redressal of her grievances, if so advised. No costs.