DALU MAJUMDER Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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S. Talapatra, J. -
(1.)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) dtd. 7/7/2012 issued by the respondent No.2.
2. Memorandum No. F.46(54)-ICDS/SWE/2015/7780(69) dtd. 15/5/2015 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) dtd. 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 dtd. 15/5/2015, 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 dtd. 19/7/2017 issued by the Ministry of Women and 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.
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