Anganwadi Worker Can Be Transferred If Not Serving Public Interest: Calcutta High Court
The Calcutta High Court held that while there is no explicit provision for the transfer of Anganwadi workers in the relevant rules, there is also no express prohibition against it. In this case, the appellant, who is an Anganwadi worker in West Bengal, filed an appeal against a judgment which had dismissed her writ petition seeking the cancellation of her transfer. The appellant's main argument was that her transfer was unjustified and violated the guidelines for Anganwadi worker appointments.
A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray pointed out that, ““If the Anganwadi workers do not come in proper time, if they remain habitual absentees at the centre, if they do not give proper food in proper quantity to the beneficiaries, can the said recalcitrant Anganwadi workers claim that they cannot be transferred since the scheme provides for engagement of local woman.”
The background to the case includes the appellant reporting a theft at the North Jambad Anganwadi center, which led to disputes with the police and ultimately her transfer to Tilaboni Dangal-140. The appellant claimed that this transfer was punitive in nature and challenged it through her writ petition.
Advocate Supratim Dhar appeared for the Appellant and Advocate Lalit Mohan Mahata appeared for the Respondents.
The State's counsel argued that the appellant had received complaints from beneficiaries and local people regarding her negligence in performing her duties. Allegations of irregularities and failure to submit required reports were also made against her. The State cited government orders that allowed for transfers of Anganwadi workers in cases of genuine public grievances.
The court, in an earlier order had directed the concerned authority to complete a pending proceeding against the appellant and submit a report. The report indicated that the appellant denied the allegations against her, and a dispute persisted between her and the beneficiaries of North Jambad-36.
The Court observed that while there is no provision for the transfer of Anganwadi workers in the relevant memorandum, the specific situation of this case warranted consideration. The Court added, “It is true that there is no express provision for transfer of an Anganwadi worker in the abovementioned Rules but at the same time, there is no express prohibition of transfer also.” Complaints had been consistently lodged against the appellant regarding her irregular attendance, inadequate provision of food to children, misbehavior with beneficiaries, and more.
The Court acknowledged the importance of appointing local women in Anganwadi centers for smooth operations and better service to beneficiaries. However, it emphasized that this provision is meant to ensure proper nourishment and service to local children.
The Court noted that the attitude and performance of the appellant did not align with the expectations of a model Anganwadi worker, as highlighted in a report submitted by the Child Development Project Officer. Consequently, a decision was made by the local committee to transfer the appellant in the interest of public service.
Although the appellant argued that her transfer was a response to her complaint about theft at the Anganwadi center, the transfer order had been issued before the alleged theft occurred. Furthermore, the appellant had refused to accept the transfer order and continued to remain absent from her duties without proper communication.
The Court affirmed that dismissal of her appeal considering appellant's lack of responsiveness to her responsibilities, failure to produce a medical certificate during her absence, and the resulting disruption of public services.
As a result, the appeal was dismissed, and there was no order for costs.
Cause Title: Suily Banerjee v. The State of West Bengal & Ors.
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