'Entitled To Living Wage': Gujarat HC Sets Aside Direction To Treat Anganwadi Workers At Par With Govt Employees, Orders Increase In Pay

The Gujarat High Court on Wednesday (August 20) partly reversed a single judge's 2024 order which had declared that Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) shall be treated at par with the regularly selected permanent employees holding civil posts in the State or Central Government.

While it set aside the single judge's directions to treat anganwadi workers and helpers at par with  government employees and formulation of a policy for their regularization, the court however noted that the wages granted to anganwadi workers were paltry despite directions of the Supreme Court. It thus directed the authorities to increase the minimum wages granted to AWWs and AWHs which is to be paid within six months along with arrears. 

The court passed the order in a batch of appeals challenging a single judge's August 2024 order. 

AWWs and govt employees recruited differently, not comparable

A division bench of Justice AS Supehia and Justice RT Vachchani in its order said:

"Though, as per the directions of the Apex Court in the case of Maniben (supra), the AWWs and AWHs are declared as holding statutory posts in light of 2013, Act, the direction issued by the learned Single Judge to treat them at par with regularly selected permanent employees holding posts either in the Central Government or State Government is fallible, since there is fundamental difference of their source of recruitment. There is also vast difference in their mode and manner of recruitment, requisite educational qualifications etc. The AWWs and AWHs, though can be said to be holding statutory posts, and their appointments are neither illegal nor irregular, they still have to satisfy the mandate of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967, more particularly Rule 4 and Rule 9 thereof. The AWWs cannot be treated at par with Subordinate Service of Class-III. Similarly, AWHs cannot be considered at par with Inferior Service of Class-IV. Class-III and Class-IV employees in the State Government Departments, after undergoing recruitment process as prescribed under Rules 9 by the respective departments, are placed in particular pay scales".

The court said that AWWs and AWHs are paid 'wages' and are not conferred regular pay-scale at par with the State Government Class-III employees. Hence, the bench said, the comparison "is impracticable and unworkable".

It further observed that in a hybrid system of governance i.e. by the Central and States, the Courts cannot issue directions either to the Central Government or State Government treating the posts as comparable or undertake necessary exercise of comparison.

"The exclusive authority and dominion on these subjects are on the Central Government and the State Government, who have to work in sync, in order to see that the Schemes of such nature are effectively funded and implemented for the benefit of the lowest strata of society," it added. 

The court further said that the status of AWWs and AWHs is "coterminous" with the status of Anaganwadi center. It said that if a Center is closed down due, the service of AWWs and AWHs will automatically end.

"...such posts, which are created for running an Aanganwadi Center will always remain in the state of flux. Even if it held that the AWWs and AWHs are appointed on posts sanctioned by the State Government for a particular Anganwadi Center, such posts cannot assume the colour of Class-III and Class-IV posts created and filled in under the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967," it added. 

The court thus held that the single judge had erred in directing the Centre and the State governments to treat the AWWs and AWHs at par with Class-III and Class-IV government employee posts.

The court noted that AWWs and AWHs are appointed under the Integrated Child Development Services Scheme (ICDS) Scheme and such scheme is sustained by the budgetary provision.

"The Court cannot be oblivious of the fact of the financial burden, which would fall on the Central Government and State Government, in case the AWWs and AWHs are directed to be absorbed in Class-III and Class-IV posts respectively...The Scheme of ICDS is hybrid in nature and the governance is also hybrid. 60% wages /emoluments are being paid by the Central Government, as mentioned hereinabove, and 40% are being paid by the State Government. Thus, looking to the nature of the ICDS Scheme, it is not feasible to absorb the AWWs and AWHs in Class-III and Class-IV posts respectively of the State Government unless either the Central Government exclusively frames statutory rules in light of the 2013 Act or the State Government amends the Gujarat Civil Services Classification (General) Rules, 1967 or issues any statutory rules under Article 309 of the Constitution to create the posts for the AWWs and AWHs". 

Absorbing AWWs will cast huge financial burden

The bench observed that  financial implicationss due to regularization of AWWs and AWHss will not be confined to Gujarat since the ICDS Scheme involves the entire country. Thus the absorption of anganwadi workers to Class-III and Class-IV posts will be a "huge financial burden" and will have a cascading effect on the effective implementation of the Scheme directly impacting the beneficiaries, the court added.

The court also noted that the Supreme Court has cautioned high courts in issuing directions either to frame a scheme by itself or to direct the State to frame a Scheme for regularization while exercising its discretion under Article 226 of the Constitution, for employees who are not appointed under a statute or under the proviso to Article 309 of the Constitution. 

The bench thus said that the single judge had erred in directing the Central and State governments to frame a scheme of regularization of AWWs and AWHs, who are working for upto 6 hours and are appointed under the Government Resolution issued under Article 162 of the Constitution by comparing them to Class-III and Class-IV posts.

Equal pay for equal work not applicable 

The bench further said that the principle of 'equal pay for equal work' cannot be applied to anganwadi workers and helpers, as in the instant case the AWWs and AWHs had not discharged their burden in proving their equivalence of work with any other Class-III and Class-IV employee.

"The most seminal facet for equation/comparison of posts is the qualifications prescribed for recruitment to the posts. The other is nature and responsibilities of duties and salary or pay of the post. Unless, the employees prove these factors on comparison to the post, of which they are claiming equal pay, the benefit of even minimum of pay-scale, which the regularly recruited Government employees under the statutory rules, cannot be conferred," the court said.

Looking at the nature of duties it was impossible to compare anganwadi workers/helpers who are paid fixed wages for rendering upto 6 hours duties, to Class-III and Class-IV government employees who are regularly employed in the department of State of Gujarat, the bench said. 

AWWs entitled to a living wage, present wage meagre

With respect to conferment of minimum wages to the AWWs and AWHs, the bench observed that despite the Supreme Court's directions on the issue the the wages remain paltry, and anganwadi workers/helpers are also not being paid minimum wages. The bench had called upon data to check the same and noted that AWHs and their plight remains inexorable, observing that the court thus cannot have a "blinkered vision". 

"Thus, considering the nature of duties and the mode of appointment, in our considered opinion, the AWWs and AWHs are entitled to at least “Living wage” above the 'Minimum' and 'Fair wage' so that it may supply the need of their families with all the material things, which are needed for their health and physical well-being, enough to enable them to qualify to discharge their duties as a citizens. The meager amount of Rs.10,000/- and Rs.5,500/- to the AWWs and AWHs impinges their arduous obligations. The irony is that the AWWs and AWHs, who fulfill the needs of pregnant and lactating mothers, health and education of minors, are deprived of living a life with dignity and respect for want of apposite remuneration. Hence, the denial of “Living Wage” to the AWWs and AWHs is violative of fundamental rights enshrined under Article 21 of the Constitution of India".

It thereafter issued the following directions:

1. The Appellants - Central Government and the State Government Departments, jointly or the State Government exclusively, shall pay the minimum monthly wages of Rs.14,800/- over and above of Rs.10,000/- to the AWWs i.e Rs.24,800/- which is less than the fixed pay of Mukhiya Sevika, i.e Rs.40,800/-. Correspondingly, the AWHs shall also be paid the minimum wages of Rs.14.800/- plus Rs.5,500/- (i.e Rs.20,300/-). The aforesaid wages, shall be subject to further corresponding revisions.

2. AWWs and AWHs shall be paid the arrears of wages w.e.f. from Financial Year 01.04.2025. Arrears and minimum wages to be paid in six months from receipt of the high court order. 

4. The bench's directions will apply to all the AWWs and AWHs engaged in all the Anganwadi Centers of the State of Gujarat, including those who have not approached the high court in writ petitions

"The directions issued by the Single Judge declaring to treat the AWWs and AWHs at par with regularly selected permanent employees holding civil posts in State Government and Central Government and further directing to frame a policy for absorption and to confer consequential benefit of regularization are set aside.The direction issued by the learned Single Judge for payment of salary of minimum of pay-scale is modified to the aforesaid extent," the court said. 

It thus allowed the appeal to the aforesaid extent. 

Case title: STATE OF GUJARAT & ORS. v/s ADARSH GUJARAT ANGANWADI UNION & ORS

Case title: LETTERS PATENT APPEAL NO. 363 of 202 and Batch

Click Here To Read/Download Order 

Citation : 2025 LiveLaw (Guj) 136