In a landmark judgement, the Gujarat High Court has ruled that Anganwadi workers and helpers are entitled to permanent government employment. The court emphasised that, given their job profiles and the nature of their work, these employees should be recognised as permanent government staff and should be entitled to the same benefits as other permanent employees.

In a 122-page judgement, Justice Nikhil Kariyal directed the central and state governments to frame policies within six months to regularise Anganwadi workers and helpers and ensure they receive corresponding benefits. The judgement came after numerous writ petitions filed by the workers and helpers.

The High Court made a critical observation, stating that although Anganwadi workers and helpers perform a crucial role and have statutory duties under the Right to Education Act and the National Food Security Act, they are not recognised as part of the civil services of the state. This exclusion, according to the court, constituted discrimination and a violation of their rights under Articles 14 and 16(1) of the Indian Constitution, which guarantee equality and equal opportunities.

Justice Kariyal ruled that Anganwadi workers and helpers must be regularised in government service and provided with a regular pay scale. He also instructed the state government to implement the necessary pay bands for these workers.

Citing the Supreme Court’s judgement in EP Royappa State of Tamil Nadu, Justice Kariyal clarified the application of Articles 14 and 16(1), emphasising that equality is a dynamic concept that should not be confined to a rigid framework. He noted that Anganwadi workers and helpers are currently paid low amounts under the pretext that their services are voluntary or honorary. The court criticised this unfair treatment, highlighting the disparity between their duties and the compensation they receive.

The government’s refusal to offer these workers permanent employment and benefits, akin to those of other permanent state employees, was deemed discriminatory. In line with established Supreme Court principles, the High Court affirmed that Anganwadi workers and helpers are entitled to permanent employment and the corresponding benefits, given the nature and responsibility of their work.

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