| Count 50 pc of anganwari workers' services as qualifying for pension: HC | | Rule 177-A will have to be declared arbitrary, discriminatory and unconstitutional if benefits of counting 50 pc service are restricted only to work charged employees or whole time paid staff | | Early Times Report
Jammu, May 12: Deciding whether the services of anganwari workers prior to their substantive appointment as supervisors in social welfare department would count for pensionary benefits in terms of Rule 177-A of J&K Civil Services Regulation, high court judge Tashi Rabstan today directed respondents to "count 50 pc of their services as qualified for pension together with the period of their services in regular establishment".
"In case, the two spells of their service qualify for what is required, they will be eligible for pension and other post retiral benefits admissible to the state employees. Respondents are, therefore, directed to process the case of all the three petitioners for grant of pensionary benefits in light of the observations made hereinabove within a period of one month," the court directed.
"The facts are not in dispute. All the three petitioners claim to have been appointed as anganwari workers on different dates. They were, however, later on appointed by way of selection to the post of supervisor in social welfare department. They have superannuated as supervisors. Ganesh Kumari's case for post retiral benefits, including pension, was processed in the office of Child Development Project Officer, Samba, and forwarded to accountant general but his office rejected it on the ground that she had only rendered temporary service of seven years and as per Pension Rules, pension was not admissible to her. She has, however, been held entitled to terminal gratuity. Though her case was processed and rejected, pension cases of other petitioners were not even processed by their employers.
Having faced denial of pensionary benefits at the hands of respondents, petitioners have filed three separate writ petitions. In view of above common question of law emanating therefrom, all three writ petitions were clubbed together and heard with the assistance of counsel appearing for the parties," the court observed.
Justice Rabstan, after hearing both the two sides, observed "it is true that Rule 177-A of J&K CSR does not per se provide for reckoning of services rendered by an employee as anganwari worker but the fact remains that such services cannot be said to be in any manner different from or inferior to the services rendered by an employee in his/her capacity as work charged employee or whole time contingent paid staff, including daily rated workers. However, if benefits of counting 50 pc service are only restricted to work charged employee or whole time contingent paid staff, including daily rated workers, Rule 177-A would have to be declared as arbitrary, discriminatory and unconstitutional. As rightly pointed out by the counsel for the petitioners and which has the support of judgment referred to by him, services rendered as an anganwari worker are required to be treated at par with the services of a work charged employee or a whole time contingent paid staff, including daily rated workers, for the purpose of counting 50 pc thereof as qualified for pension so as to save the provisions of Rule 177-A of J&K CSR from being declared unconstitutional".
The court held that the services rendered by the petitioners as anganwari workers before being substantively appointed to posts of supervisors shall be deemed to have been provided under Article 177-A of J&K CSR and term 'anganwari worker' shall be read along with work charged employee or whole time contingent paid staff, including daily rated worker(s).
With these observations, the court allowed the three petitions and directed respondents to count 50 pc of civil services rendered by petitioners as anganwari workers as qualified for pension together with the period of services rendered in the regular establishment.
"Respondents are, therefore, directed to process the cases of all the three petitioners for grant of pensionary benefits in the light of observations made hereinabove within one month from the date of passing of this order and the accountant general would release pension and other benefits in their favour within one month thereafter," the court directed. (JNF) |
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