Consider paying an ad-hoc amount to retd anganwadi workers: HC to State

The Bombay High Court has directed the Maharashtra state government to consider paying at least 30% of the ex-gratia amount to retired angandwadi sevikas and helpers as an interim measure. The court emphasized the importance of providing post-retirement compensation to ensure the survival and dignity of the workers. The government has been given four weeks to release the ad-hoc payment to around 6,000 sevikas and helpers.

MUMBAI: Coming to the aid of around 6,000 angandwadi sevikas and helpers in the state who retired after April 1, 2022, the Bombay high court has directed the state government to consider paying at least 30% of the ex-gratia amount fixed in April 2014, as an interim measure.

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The division bench of justices Nitin Jamdar and MM Sathaye passed the order on February 5, while hearing a petition filed by the Maharashtra Rajya Anganwadi Karmachari Sangh, an association of anganwadi workers. The petitioners said that though the contribution towards the ‘welfare fund’ was being deducted from the salary of angandwadi sevikas and helpers, those who retired or whose services were discontinued after April 1, 2022 were not given any gratuity or ex-gratia amount.

Through a government resolution dated 5 April 2005, the state government had envisaged setting up a welfare fund with a monthly contribution from anganwadi sevikas and helpers and a contribution from the government. A fixed amount was to be paid to sevikas and helpers upon retirement from this fund.

In April 2014, the state government had fixed the ex-gratia amount for retired anganwadi sevikas and helpers at ₹1 lakh and ₹75,000, respectively. Life Insurance Corporation of India was appointed as the fund manager and nodal agency for disbursement of funds.

During pendency of the petition, the government told the court that in March 2022, ₹100 crore was sanctioned for clearing pending dues of retired anganwadi sevikas and helpers. Subsequently, it informed the court that a scheme for gratuity for sevikas and helpers was under consideration and an annual provision of ₹50 crore would be required for the same.

The bench, however, noted that neither was any decision was taken on the gratuity scheme nor were the retired/ retiring sevikas and helpers being paid the stipulated amount. The bench noted that the anganwadi sevikas and helpers retire on attaining 65 years of age and “the significance of providing post-retirement amounts...cannot be overstated, especially considering their advanced age and that they cease working at that stage of life”.

“This amount is not merely a matter of financial support; it is integral for survival and to maintain their dignity,” said the bench. “Failure to provide this compensation can lead to dissatisfaction with potential societal repercussions. The State, as a welfare-oriented entity, needs to address these concerns,” it added.

The court has directed the government to take proactive steps to release at least 30% of the stipulated amount to the 6,000 sevikas and helpers as an ad-hoc arrangement within four weeks. The next hearing is scheduled on March 5.

In April 2014, By Government Resolution dated 5 April 2005, the State Government had envisaged setting up a Welfare Fund with a monthly contribution from the Anganwadi Sevikas and Helpers and a contribution from the government and a fixed amount was to be given to them upon retirement.