Anganwadi workers can be transferred in public interest: Calcutta High Court

The Calcutta High Court has ruled that authorities can transfer an Anganwadi worker in the public interest even if there is no express provision for such action in the applicable rules. [Suily Banerjee vs The State of West Bengal & Ors].The division bench of Justices Arijit Banerjee and Apurba Sinha Ray added that when Anganwadi services are disrupted due to an Anganwadi worker's attitude, the authorities can issue such appropriate orders in the public interest.“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,” the Court further observed..The Court was hearing an Anganwadi worker’s plea against her transfer to another Anganwadi center. A single judge of the High Court had earlier upheld the transfer.The counsel representing the worker argued that there was no provision for the transfer of Anganwadi workers in the memorandum issued by the Department of Women and Child Development and Social Welfare in 2006 concerning the recruitment of Anganwadi workers. The worker before the Court added that she lived approximately 31.5 kilometers away from the Anganwadi center to which she had been transferred. Her counsel further submitted that the transfer to such a distant center was against the purpose of the scheme of Anganwadi centers, where local people are usually appointed. .The Court said though the case-laws submitted by the appellant indicate that the local women should be appointed in Anganwadi centers, the situation in the present case was different.It further noted that the Anganwadi worker before the Court was apparently not performing her duties as per the requisite norms. The Court was told since 2019, local people had made complaints that she was irregular in attendance and was not giving proper food to the children.The Court acknowledged that the provision for appointment of local women was made for the purpose of the smooth functioning of the Anganwadi centers. However, the Court added that when such a noble cause suffers due to the conduct of Anganwadi workers, the authorities cannot be expected to remain mute spectator.“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 Court asked..The judges added that the caselaws placed before the High Court did not support such an attitude by the Anganwadi workers. .The Court proceeded to dismiss the plea before it, nothing that the appellant-Anganwadi worker did not deserve any sympathy on account of her alleged conduct. .Advocates Supratim Dhar, Shuvro Prokash Lahiri, Tirupati Mukherjee, S. Dhar, K. Ganguly and S Chakraborty represented the appellant. Advocates Lalit Mohan Mahata and PB Mahata represented the State government. .[Read Judgment]