Rajiv Narain Raina, J. - (1.) THE petitioner was appointed as an Anganwari Worker on 31.1.1996. Her political ambitions led her to contest the election of Panch/Sarpanch in the Gram Panchayat elections held in Haryana in June -July, 2010, but before doing so she sought a clarification from the 4th respondent, i.e. Programme Officer, Integrated Child Development Scheme, Panipat whether an Anganwari Worker can contest the election for the post of Sarpanch or Panch. She was informed by the Child Development Project Officer, Bapoli, District Panipat that since Anganwari Workers are paid honorarium, they are free to contest elections. Fortunately for her she won the election on 6.7.2010. She was declared elected as Panch. She won the further election of Sarpanch of Gram Panchayat, Tamsabad. She then started performing the duties of both Anganwari Worker and Sarpanch. Her services were, however, dispensed with vide order dated 3.4.2012, against which, the present writ petition has been filed under Article 226 of the Constitution of India. The impugned order has been passed in compliance of the current GOI instructions circulated by the Director, Women and Child Development Department, Haryana, Panchkula. The instructions (P -3) dated 7.9.2010 read as follows: - Sub : Filing of nomination by Anganwari Workers/Helpers to contest the local bodies/Panchayats election - clarification regarding. Reference to the subject cited above. It is to inform you that Govt. of India has clarified that "in case the Anganwari worker/Anganwari Helper with 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 Anganwari Worker/Anganwari Helpers under the ICDS Scheme. This would necessarily take their away from the core activities and would effect the delivery of the services adversely under the ICDS scheme. The scheme, under which, an Anganwari Worker performs the duties on an honorarium is a Central Government Sponsored Scheme. However, the first GOI instructions on the subject i.e. dated 28.11.1994 issued by the Director, Women & Child Development, Haryana, Chandigarh permitted the dual roles. It was laid down as follows: - - The Department had received applications from Anganwari workers and Anganwari Helpers for filing application for contesting elections for the post of Panch/Sarpanch/Panchayat Samitis and Zila Parishad etc. Regarding this issue, you are hereby informed as per directions of Govt. of India, that the Anganwari workers and Anganwari Helpers can file their nomination papers for contesting in election without resigning from their posts of Anganwari workers and Helpers as they are only honorary paid workers. It is further clarified that the Anganwari Worker and Helper do not need to resign even after winning of the election and can continue to work as Anganwari Worker and Helper. Sd/ -Programmer Officer -I (HQ),For Director Women & Child Development,Haryana, Chandigarh.
(2.) THE view the Central Government once took qua ICDS Scheme was that Anganwari Workers could file nomination papers, contest elections and in case, they won, they were not required to resign from the post nor could be forced to resign has been departed from and has suffered a paradigm shift. The present thinking is that both the assignments cannot be concurrently discharged. The shift in thinking is not without reason. The concurrent holding of duties of both the posts are now viewed as one which would impinge and adversely affect delivery of service in ICDS scheme. As an Anganwari worker, the petitioner is governed by ICDS scheme. If it prohibits a person from continuing to serve as an Anganwari Worker following election to the Gram Panchayat then there is nothing illegal, arbitrary or irrational in such decision. The Central Government in such decision making is neither concerned, nor is an employer, nor pays money from its exchequer to a Panch or Sarpanch elected to a Gram Panchayat in a State of the Union unless specially set apart and appropriated in the Union budget for a Gram Panchayat. Learned counsel for the petitioner relies on Anokh Singh v. Punjab State Election Commission, : AIR 2011 SC 230 : 2010 (4) R.C.R. (Civil) 907 : 2010(6) Recent Apex Judgments (R.A.J.) 252, to contend that Anganwari Workers employed in various social welfare schemes in a State (Punjab) do not hold an 'office of profit' and are not disqualified in seeking election to the Gram Panchayat. Lambardars and Anganwari Workers both do not hold 'office of profit' and therefore cannot be debarred from contesting election as Member Panchayat. In this case, the impugned order examined was an order which debarred Lambardars and Anganwari Workers from contesting elections. However, in the instant case, there is no such bar. The petitioner was permitted to contest the elections but such declaration was not lawfully required. If she won, it may be good for her. But the ICDS scheme which is sponsored by the Central Government from where it receives funding and instructions is operated through a department of the State Government which instructions bars her from continuing to serve as an honorary Anganwari Worker. The Supreme Court had no occasion to examine a policy decision of the Central Government of the kind passed and pressed in this case. The person who pays the honorarium runs the show. As the famous quote goes, "You pays your money and you takes your choice": (Aldous Huxley in Point Counter Point.)
(3.) IN Som Lal v. Vijay Laxmi and others, : (2008) 11 SCC 413 : 2008 (2) R.C.R. (Civil) 760, relied upon by the petitioner is a case distinguishable on facts. In this case, the Supreme Court considered whether a salaried employee of any local authority, statutory corporation or Board or a cooperative society can be held to hold an office of profit under Section 11 of the Punjab State Election Commission Act, 1994, and therefore a disqualification has been answered in the negative. Such person is entitled to contest Panchayat elections. The facts were that a whole time employee of the Marketing Committee was elected as Sarpanch of a Panchayat. The Supreme Court held that such election could not be set aside on the ground that the litigant was holding an office of profit. The relationship of the elected Sarpanch with his employer is governed by the rules of service and the terms and conditions of employment, if any, which may or may not permit dual charge. The petitioner cannot claim as a matter of right to continue to serve as an Anganwari Worker merely because a certificate was issued by the Child Development Project Officer, Bapoli to the petitioner on 13.6.2010 clearing the way to contest Gram Panchayat elections. The certificate was in contradiction of the Government of India circular issued in ICDS Scheme and was prior to point of time. It has been observed by Government of India in its letter dated 7.2.2012 as under: - - No. 19 -18/2009 -CD -1 Government of IndiaMinistry of Women and Child DevelopmentShastri Bhavan, New Delhi -110001 Dated 7th February 2012 ToThe Principal Secretary,Women and Child Development Deptt.,Government of Haryana,Room No. 38, 7th Floor,Haryana Civil Secretariat, Sector 17,CHANDIGARH - 160017. Subject: Anganwadi Workers/Helpers to contest the Local Bodies/Panchayat Election -clarification regarding. Sir/Madam, I am directed to refer your letter No. 3860/CD -1AVCD/2012 dated 24th January, 2012 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 26th 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. 2. Govt. of Haryana is therefore requested to defend the case appropriately in view of the GOI guidelines and also take further legal recourse. Yours faithfully,Sd/ -(Jatinder Kaur)Under Secretary to the Government of India.;