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Judgment
Before Hon''ble Mr. Justice Mohan Snantanagoudar
Petitioners have questioned the Circular dated 25.5.2010 and the letter dated 26.11.2010 which are produced in Writ Petition Nos. 37872-876/2011, as also the impugned notice issued to the petitioners by the concerned Child Development Officer directing the petitioners to chose either of the two posts viz., the post of Anganawadi worker and the membership of the Grama Panchayat.
The question involved in these writ petitions are already decided by this Court in three judgments i.e.,
(a) Writ Petition Nos. 4343-52/2011, disposed of on 1st February 2011,
(b) Writ Petition No. 63085/2011 & connected matters, disposed of on 3rd June 2011,
(c) Writ Petition No. 18092/2011, disposed of on 15th June 2011.
This Court in Writ Petition Nos.4343-52/2011 while deciding the matter, observed thus :
Para 7 : The effect and purport of the notices issued to them is that if they do not choose to opt for the option given, action in accordance with law will be taken. Therefore, the apprehension of the petitioners that they will be removed from the post of Anganawadi Worker/Helper if they do not resign from their elected post is not well founded. It has to be made clear that no such action can be initiated to remove the petitioners from the post of Anganawadi Worker/Helper without taking recourse to provisions of the Act and Rules framed thereunder. Undoubtedly, it is open to the State Government to initiate action in accordance with law, if the petitioners have incurred any disqualification. In this background, keeping open all the contentions urged by the petitioners, these writ petitions are disposed of making it clear that the petitioners can urge these contentions as and when action is initiated in accordance with law for their disqualification as per the provisions contained under the Karnataka Panchayat Raj Act.
In Writ Petition No.63085/2011 & connected matters, this Court observed thus :
Para 10 : If their working as members of the local bodies is making a demand on their time and is affecting their availability for performing certain services in the Anganawadi, the Government is well within its limits to insist that either they continue as the Anganawadi Workers or Members of the local body. The ICDS scheme is for taking care of the children in the preschool period. If an Anganawadi has only one Anganawadi Worker and if she also goes to attend the meetings of the Grama Panchayath/taluk Panchayath/Zilla Panchayat, the interests of the children would suffer, In a case of this nature, what is of paramount consideration is the interest of the child. Not only that the petitioners would be attending the meetings of the local bodies but they would also be required to attend to the grievances of the people of their respective constituencies. The same would affect their availability in the Anganawadi. They are required to be present on all working days between 9.30 a.m. to 4.00 p.m. in the Anganawadi and act as architects of the a/round development of the child''s personality in the most formative years of its life.
In Writ Petition No. 18092/2011, this Court observed thus :
Para-3: The learned counsel for the petitioner would draw attention to Regulation 3.12(14) of the Hand book of the Returning Officer, Karnataka State Election Commission, which indicates that since an anganwadi worker is paid only a honorarium, there is no bar for the anganwadi worker to contest the grama panchayath elections. It does not however lay down that if the anganwadi worker is successful at the election she could continue as an anganwadi worker.
Para-4: There is no prohibition for the petitioner to have contested the election. It stands to reason when once she is successful she has to elect between the position as an anganwadi worker or a gram panchayath member. It would be practically impossible for the petitioner to devote her time to both the assignments. Therefore, there is no substance in the petition.
The petition is rejected.
Learned advocates appearing on behalf of the petitioners by relying upon the provisions of Section 12(g) of the Panchayat Raj Act submitted that the action needs to be taken by the State Government or by the concerned to disqualify the petitioners from being the member of Grama Panchayat as per law and till such time, the State Government cannot insist the petitioners to choose either of the two pests. It is further submitted by Sri Kalyan R, learned counsel appearing on behalf of the petitioners in W.P.Nos.37872-876/2011, the circulars at Annexures-''A'' and ''B'' mentioned supra (produced in W.P.Nos.37872-876/2011), cannot be called as circulars as such; even otherwise, they cannot have retrospective effect; at the most, they will have the effect from 25th May 2010 and 26th November 2010; whereas, the petitioners are elected much prior to that date and therefore, those circulars cannot affect the petitioners for holding the post of member of Grama Panchayat The decision as to whether Anganawadi teachers can hold the post of membership of grama Panchayat seems to have been as a result of the letter dated 2.1.1996 written by the Government of India, wherein the Central Government had stated that the anganawadi workers/Assistants can contest grama panchayat elections as they are holding honorary posts. On the said basis, it seems, all the petitioners have contested the elections and have won.
The letter dated 2.1.2006 issued by the Central Government is clarified subsequently by the Central Government on 25th May 2010 and on 26th November 2010 (copies of the same are produced at Annexures-''A'' and ''B'' in W.P.Nos.37872-876/2011), wherein it is observed thus :
Annexure ''A'' -
I am directed to refer to State Government''s letter No.DWC/ICD/ANG-07 dt. 08-09-2010 dated 24-10-2011) received in this Ministry on 3.0-4-2010 on the above mentioned subject. The matter has been examined and the Ministry is of the view that in case the A.W.W/AWH wins an election, it may not be appropriate for him to discharge concurrently, duties both in the capacity of an elected member of panchayath/local body as well as an AWW/AWH under the CDS Scheme. This would necessarily take her away from the core activities and would affect delivery of the services adversely under the ICDS Scheme.
In view of this, it may not be appropriate for the elected AWW/AWH to continue functioning under the ICDS Scheme.
Annexure-''B'' -
I am directed to refer to your letter No.S-11-A/2010/32603 dated 11th October 2010 on the subject mentioned above and to say that the Government of India had issued guidelines in this regard vide Ministry''s letter of even number 26 May 2010 read with Corrigendum of even number dated 4.6.2010, stating that in case the AWW/AWH win an election, it may not be appropriate for her to discharge, concurrently, duties both in the capacity of an elected member of panchayat/local body as well as an AWW/AWH under the ICDS Scheme. This would necessarily take her away from the core activities and would affect the delivery of the services adversely under the ICDS Scheme.
This clarification/guideline was issued in view of the principles involved in the matter as stated in the letter and would apply to all such cases. The incumbents, therefore, have the choice to opt for either of the positions.
From the above, it is clear that the work entrusted to the Anganawadi teachers has grown as the time passed by. The Anganawadi workers work under ICDS Scheme of the Central Government. The Central Government feels that it cannot be appropriate for the Anganawadi worker to discharge concurrently duties both in the grama panchayat/local body as well as Anganawadi worker under ICDS scheme. If she is working in both the posts, the same necessarily take her away from the core activities and would affect the delivery of the services adversely under the ICDS Scheme. From the above, it is clear that, it may not be appropriate for a person who is elected as a member of Grama Panchayat to continue as Anganawadi worker. In the interest of society at large, the petitioners will have to take decision for continuing in one of the posts. Ultimately, the society''s interest and the object for which the post of Anganawadi workers are created has to be kept in mind. In this view of the matter and in view of the judgments of this Court in Writ Petition No. 13092/2011 and Writ Petition No.63085/2011 & connected matters, I decline to interfere in these petitions.
Accordingly, Writ Petitions fail and the same stand dismissed.