Anganwadi worker sacked for having three kids, moves Bombay HC
An Anganwadi worker in Maharashtra has approached the Bombay HC challenging the state government's decision to dismiss her from the job for having more than two children and thus, not adhering to its "Small Family" Rules. The petitioner, Tanvi Sodaye, began working for the Integrated Child Development Services (ICDS) scheme in 2002 and was promoted to the post of an Anganwadi Sevika in 2012.
Government served notice when petitioner was already pregnant
In March this year, Sodaye received a written communication from Maharashtra Government informing her that she was being dismissed from work since she had three children. The letter informed her a 2014 Government Resolution (order) mandated that state employees must not have more than two children. However, Sodaye claimed she was already eight months pregnant when the August 2014 GR came into effect.
Sodaye's appointment letter didn't have clause restricting number of children
Sodaye approached the High Court in April this year, just a month after her dismissal. In the hearing, Sodaye's Advocate Ajinkya M Udane told a bench of Justices RM Savant and MS Karnik that his client's appointment letter, or the letter confirming her promotion to an Anganwadi Sevika, did not have any clause restricting the number of children she could have.
Applying a law retrospectively is unfair, says Sodaye's lawyer
Udane argued since Sodaye was already eight months pregnant when the GR came into effect, in her case, applying its provisions would mean applying a law retrospectively. The same, he said, was unfair and urged the court to quash the state's order of her dismissal.
State had been propagating 'Small Family' Rules since 2005
The state, however, told bench that though the August 2014 GR was specifically introduced by Women and Child Development Department to define the terms and conditions of the appointment of Anganwadi Sevikas under the ICDS, the government had been propagating the 'Small Family' Rules since 2005. "'Small Family" was defined to mean "a family of husband and wife with two children or less".
Those who didn't follow 'Small Family' definition faced dismissal: Advocate
Candidates across several government departments, who did not fit into 'Small Family' definition, either faced disqualification from future employment prospects, lost out on several benefits, or faced dismissal from their services, said Advocate General Ashutosh Kumbhakoni, who appeared for the state.
Court to state: Collect resolutions issued so far on subject
Kumbhakoni objected to advocate Udane's argument on the rules being applied retrospectively, saying that since 2005, several resolutions were issued. "(Therefore) The rule of disqualification on account of the third child in employment must be considered as pre-existing," Kumbhakoni argued. The bench has now directed the state to place on record all communications and resolutions issued so far on the subject, by October 3.
What is Integrated Child Development Services scheme?
The Integrated Child Development Services (ICDS) is a government program which provides food, pre-school education, and healthcare to children under 6 years of age and their mothers. Child care centers set up under the scheme are managed by Anganwadi workers.
