Allahabad High Court restraints utilization of Anganwadi Workers in election duty

The Allahabad High Court has restrained block-level officers and various other departments of the State Government from passing any orders engaging Anganwadi Workers in any other work/duty including election duty.

The bench of Justice Alok Mathur observed that the work done by the Anganwadi workers in taking care of children and women is of considerable importance and engaging them in other works would hamper people's health.

"Work which is being discharged by Anganwadi Workers is of considerable importance, looking into the fact that in one block there is only one worker and in case that one Anganwadi Worker is assigned duty in elections or any other work then entire nursing and lactating woman including pregnant women would not be taken care of and would adversely affect the health of the public at large," the court said. 

Court passed the order in a writ petition moved by two Anganwadi workers at Anganwadi Centre City Guleria Garda, Barabanki. The petitioners sought direction to the respondent authorities to comply with the orders passed by the Chief Secretary, Government of U.P., Lucknow dated 19.11.2019 and 03.05.2017 as well as Government Order dated 09.11.2013, which restrains Anganwadi Workers/Helpers to be engaged in non Integrated Child Development Services Schemes (I.C.D.S.) related tasks.

The petitioners further sought direction to the respondent parties to comply with the guidelines issued by the Government of India dated 15.06.2010 and 05.11.2019 regarding restraining utilization of Anganwadi Workers/Helpers in local body elections etc.

Petitioners' counsel submitted before the court that the petitioners were engaged in Booth Level Officers duty (BLO's) which is election-related full-time work and is non-departmental task. He contended that child welfare has been considered supreme priority under Centrally sponsored Schemes and despite that the petitioners and other Anganwadi workers were being engaged in other works. 

He argued that engagement of Anganwadi workers in such duty adversely hampers the caretaking and all-around development of young children of 3-6 age group, and the services rendered to pregnant and lactating mothers. He stated that this act of the State is  in clear violation of the child rights for getting at least 300 days in a year free nutrition, health care and education as envisaged in Food Security Act, 2013, New Education Policy, 2020 and National Policy for Children, 2013.

He also apprised the court that there are many village level employees such as Panchayat Mitra, Shiksha Mitra, Rozgar Sewak and Sanitation workers and village secretaries who can undertake such election-related duties of BLO.

Taking note of the submissions made by the petitioners' counsel, the court said, "The work done by the Anganwadi Workers cannot be undermined by passing any direction for discharge of duties by departments and specially during elections." Court further noted that Central and State Governments are vigilant in this regard and have passed various Government Orders restraining the District Magistrates and other Officers not to engage Anganwadi Workers in other works including election duty.

Therefore, Court allowed the writ petition and directed for the order to be served upon the Chief Secretary, Government of U.P., Lucknow, so that he may pass necessary orders and direct the District Magistrates accordingly.

Case Title: Smt. Manisha Kanaujia And Another v. District Magistrate And Another