PRADESH AND OTHERS versus PUNRADEVI
[2015] 4 S.C.R. 154, Supreme Court of India, 2015
Outcome: Appeal(s) allowed (Granted)
Segment: Ratio
[2015]4S.C.R.154 
A 
STATE OF HIMACHAL PRADESH AND OTHERS 
.B 
c 
v. 
PUNRADEVI 
CivilAppeal Nos. 3120-3121 of2015 
MARCH 24, 2015 
[DIPAK MISRA AND PRAFULLA C. PANT, JJ.] 
Service Law- Promotion- Of Anganwari Helper of one centre 
-
To the post of Anganwari Worker in another Anganwari 
Centre - On the basis of communication issued by the 
Director, Social Justice and Empowerment- Held: In view of 
D the communication, the Integrated Child Development 
Scheme rlw the relevant guidelines, Anganwari Helper of one 
centre cannot seek promotion to the postof Anganwari Worker 
of another centre. 
E 
Allowing the appeals, the Court 
HELD: The communication dated 10.05.2012, 
issued by the appellant No. 2 (Director, Social Justice 
and Empowerment to CDPOs of the State Provides that 
F if a post of Anganwari Worker (AWW) falls vacant in an 
Anganwari Centre, Anganwari Helper (AWH) of the same 
centre can be considered for her appointment to the post 
of AWW, giving her priority. Thus, the area of one 
Anganwari Centre is not the feeder area of another 
G Anganwari Centre. The High Court has erred in law in 
unnecessarily interpreting the above provision, to make 
the same applicable for appointment I promotion of AWH 
from one Anganwari Centre to another Anganwari Centre 
by observing that honorarium which was being drawn 
H 
154
STATE OF HIMACHAL PRADESH AND OTHERS v. 
155 
PUNRA DEVI 
by such candidate shall not be added to her income in A 
the income certificate required for the post. In fact 
communication dated 10.05.2012 does not reflect that 
honorarium is required to be added in the income of AWH 
of that centre for her appointment as AWW in the same 
centre. Therefore, in view of the Integrated Child B 
Development Scheme read with relevant guidelines, the 
High Court has erred in directing the appellants to 
consider the case of the respondent. [Paras 9, 10 and 
12] [160-H; 161-A-D, G] 
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 
3120-3121 of2015 
c 
From the Judgment and Order dated 6.3.2013 of the 
High Court of Himachal Pradesh at Shimla in CWP No. 7879 D 
of 2012-H] and order dated 23.5.2014 in R.P. No. 7126 of 
2013. 
Suryanarayana Singh,AAG, Pragati Neekhra for the 
Appellants. 
E 
The Judgm~nt of the Court was delivered by 
PRAFULLA C. PANT, J. 1. Leave granted. 
2. These appeals arise out of judgment and order dated 
F 
6.3.2013, passed by the High Court of Himachal Pradesh at 
Shimla in CWP No. 7879 of 2012-H whereby the High Court 
has disposed of said writ petition allowing the respondent 
(writ petitioner), who isAnganwari Helper atAnganwari Centre, G 
Chari, to the post of Anganwari Worker in Anganwari Centre, 
Hardeeppur. The review petition filed by the appellants 
before the High Court has also been dismissed vide order 
dated 23.5.2014. The same is also challenged before
us. 
H

156 
SUPREME COURT REPORTS 
[2015] 4 S.C.R. 
A 
3. Heard learned counsel for the appellants. No one 
turned up on beh:::ilf of the respondent even after sufficient 
service reported on her. 
4. Brief facts of the case are that respondent Punra 
B Devi was appointed on 13.8.2007 as Anganwari Helper in 
Anganwari Centre, Chori, District Kangra, Himachal Pradesh. 
There are two Anganwari Centres, namely, Anganwari Centre, 
Chori and Anganwari Centre, Hardeeppur, which fall within 
the limits of village panchayat Lagnru. Appellant No. 2, 
C Director, Department of Social Justice and Empowerment, 
Himachal Pradesh, Shimla, issued communication dated 
10.5.2012 to all Child Development Project Officers 
(C.D.P.Os) of the State informing that in case the post of 
D Anganwari Worker (AWW) falls vacant in any Anganwari 
Centre, the Anganwari Helper (AWH) working at the same 
centre can also be considered on priority basis for 
appointment to the post of AWW. Claiming the benefit of 
above communication, respondent submitted her application 
E for the post of AWW in Anganwari Centre, Hardeeppur, to 
Child Development Project Officer (CDPO) Dehra, District 
. Kangra, Himachal Pradesh. She also made a representation 
to appellant No. 2 seeking her appointment on the above 
mentioned post. When her request 
was not accepted, she 
F filed writ petition (CWP No. 7879 of 2012) before the High 
Court seeking following reliefs: -
"i. That the respondents may very kindly be 
directed to
consider the petitioner for appointment 
G 
to the post of Anganwari Worker in Anganwari 
Centre Hardeeppur under the Child Development 
Project Officer, Dehra, District Kangra without 
insisting upon the conditions of prescribed limit to 
the family income of the petitioner, because of 
H
STATE OF HIMACHAL PRADESH AND OTHERS v. 
157 
PUNRA DEVI [PRAFULLA C. PANT, J.] 
her already working asAnganwari Helper, in the 
A 
interest of justice. 
ii. That the respondents may also be directed to 
apply the instructions issued by the respondent 
No. 2 on 10.05.2012 atAnnexure P-5 in the case 
B 
of the petitioner also so as to consider her for 
appointment as Anganwari Worker in Aganwari 
Centre Hardeeppur on account of her already 
working as Anganwari Helper in Anganwari Centre 
Chori and her possess the requisite qualifications 
C 
of +2, in the interest of justice. 
iii. That the respondents may also be directed to 
create 2 to 3 promotional avenues to the Anganwari 
Worker to the next higher post, in the interest of 
D 
justice. 
iv. That the entire record of the case may very 
kindly be summoned from the respondent for the 
kind perusal of this Hon'ble Court. 
E 
v. 
That any other order or direction which this 
Hon'ble Court may deem just and proper in the facts 
and circumstances of the present case, may be 
passed in favour of the petitioner and against the 
F 
respondent." 
5. The High Court disposed of the above ·writ petition 
allowing the respondent to apply for the post of AWW of 
Hardeeppur with certain observations, which is challenged G 
before us by the appellants, after rejection of the review 
application. 
6. The only issue involved in these appeals before us 
is as to whether an Anganwari Helper (AWH) of one Anganwari 
H
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SUPREME COURT REPORTS 
[2015] 4 S.C.R. 
A 
Centre can seek promotion to the post of Anganwari Worker 
(AWW) of the another Anganwari Centre, or not? 
7. Be it noted, Integrated Child Development Scheme 
(ICDS) is a centrally sponsored flagship Scheme of the 
8 
Government of India which envisages six services, i.e., 
supplementary nutrition, immunization, health check-up, 
referral services, pre-school non-formal education and 
nutrition and health education. The AWWs and AWHs are 
community based frontline honorary workers under the ICDS, 
C and are central figure in helping the community as to the needs 
of their children by delivery of seNices under the Scheme. They 
are required to be appointed from the local community who 
come forward to render their seNices, on part-time basis in 
0 
the area of child care and development. As per the 
guidelines, selections of AWWs and AWHs require that the 
women appointed for such seNices should be from local 
village and acceptable to the local community. 
8. In the light of the guidelines of the Central 
E Government, Government of Himachal Pradesh issued its 
notifications from time to time in connection with appointment 
of AWWs/AWHs. 
Paragraphs, relevant to this case, 
contained in the Notification No. WLF-8(14)3/87-1 dated 
F Shimla 19.6.2010, which was issued in supersession of the 
previous notifications, are being reproduced below: -
G 
H 
"In partial modification of this department 
notification of even dated 5th
October, 2009 and 
dated 8th January, 2010 the Governor, Himachal 
Pradesh is pleased to substitute the provision o{ 
following rules: -
Rule 4 i.e. Eligibility Criteria;
STATE OF HIMACHAL PRADESH AND OTHERS v. 
159 
PUNRA DEVI [PRAFULLA C. PANT, J.) 
Only such female candidates are eligible to apply for 
A 
the post of Anganwadi Worker or Helper who are 
a) 
Family wise freezing of the list of families being 
covered in the feeder area of the AWC will be ensured 
as on first January of recruitment year before starting 
the selection process and advertising of vacancies 
with due publicity and only the residents of the 
areas as above will be entitled to apply. If the 
candidates are not available within the feeder 
area, applications can be invited from the desirous 
candidates residing within the area of the concerned 
Gram Panchayat in case the feeder area falls in 2 
Gram Panchayats prior approval of the Director 
SJ&E H.P. will be required. 
b) 
For Anganwadi worker minimum qualification 
shall be 10+2 or equivalent and for Helper minimum 
qualification shall be Middle. 
xxx 
xxx 
xxx 
d) 
The annual income of the family of candidates 
does not exceed Rs.15000/- per annum which is to 
be certified/countersigned by an officer not below 
B 
c 
D 
E 
the rank of Tehsildar/Naib Tehsildar/Executive 
F 
Magistrate. 
Rule 5 i.e. Advertisement of vacancies: - Following 
provision to be added: -
Provided, where the post of AWW has fallen vacant 
due to any reason and the matter is not sub judice 
theAnganwadi Helper shall be given first opportunity 
to be appointed as worker if, she fulfills the minimum 
prescribed educational qualification for
AWWs and 
G 
H
160 
SUPREME COURT REPORTS 
[2015] 4 S.C.R. 
A 
no advertisement will be required. 
B 
c 
D 
E 
F 
xxx 
xxx 
xxx 
Terms and conditions of services 
Rule 4 i.e. Transfer/Adjustment of the Anganwadi 
Worker Helpers. 
Under ICDS programme there is no provision of 
transfer of Anganwadi Workers/Helpers as these 
are honorary workers. However, only in case of 
marriage of AWW or AWH if, vacancy exists at the 
place of her husband's normal place or residence/ 
place of marriage, she can be adjusted on her 
request made within one month from date of arising 
of vacancy. Divorce/destitute women living with their 
parents in Anganwadi area, but working at the place 
of marriage can be transferred to the place of 
Anganwadi falling in the parental area subject to 
availability of vacancy. Distt. Programme Officer will 
be the competent authority to order transfer/ 
adjustment of Anganwadi workers/helpers within the 
District. Outside district transfers will be done with 
the approval of Director." 
9. It is not the case of the respondent that due to her 
marriage or divorce she is required to be transferred from 
one centre to another centre, nor is her case for promotion/ 
appointment from the post of AWH to AWW in the same 
G Anganwari Centre. Admittedly, she was appointed in 2007 
asAWH inAnganwari Centre, Chori. Now she has prayed 
for her appointment to the post of AWW in Anganwari Centre 
Hardeeppur. It is not disputed that the communication 
dated 10.5.2012, issued by the
appellant No. 2 (Director, 
H
STATE OF HIMACHAL PRADESH AND OTHERS v. 
161 
PUNRA DEVI [PRAFULLA C. PANT, J.] 
Social Justice and Empowerment) to CDPOs of the State A 
provides that if a post of AWW falls vacant in an Anganwari 
Centre, AWH of the same centre can be considered for her 
appointment to the post of AWW, giving her priority. 
10. Considering the facts as above, we are of the B 
opinion that the High Court has erred in law in unnecessarily 
interpreting the above provision, to make the same applicable 
for appointmenUpromotion of AWH from one Anganwari 
Centre to another Anganwari Centre by observing that 
honorarium which was being drawn by such candidate shall C 
not be added to her income in the income certificate required 
for the post. 
In fact communication dated 10.5.2012 does 
not reflect that honorarium is required to be added in the 
income of AWH of that centre for her appointment as AWW in 
D 
the same centre. 
11. Learned counsel for the appellants submitted 
before us that, vide letter No. SJE-A-E(20)171/2012 dated 
18.9.2013 read with notification No. SJE-A-F(1)-3/2011 dated 
E 
3.9.2013, the State Government has already clarified that the 
honorarium being paid to the Anganwari Helper shall not be 
considered for the income of family in the case of a candidate 
who applies for the post of Anganwari Worker. It is further 
pointed out to us that the conditipn regarding requirement of F 
same feeder area remains unchanged. 
12. In view of the above, having heard learned counsel
for the appellants, and further considering the ICDS read with 
relevant guidelines, we are of the view that the High Court has G 
erred in directing the appellants to consider the case of the 
respondent, who isAWH in the Anganwari Centre of Chari, 
for the post of AWW in the Anganwari Centre of 
Hardeeppur. Needless to say that the area of one Anganwari 
Centre is not the feeder area of another Anganwari Centre. 
H

162 
SUPREME COURT REPORTS 
[2015] 4 S.C.R. 
A Therefore, in our opinion the impugned orders passrd by 
the High Court cannot be sustained. 
'· 
13. Accordingly, the appeals are allowed. 
The 
impugned orders dated 6.3.2013 passed in CWP No. 7879 . 
B of 2012-H, and the order dated 23.5.2014 passed in CMF? 
(M) No. 12086_of2013 (in RPST 7126 of 2013), by the High 
Court are hereby set aside. There shall be no order as to 
costs. 
C 
Kalpana K. Tripathy 
Appeals allowed.