Case Note & Summary
The petitioner, an Anganwadi Sevika appointed in 1996, was elected as a Member of Village Panchayat in 2020 and terminated in 2021 under a Government Resolution prohibiting dual holding of these posts. She challenged the termination and the Resolution, arguing both posts are honorary and not offices of profit, with no legal bar under the Maharashtra Village Panchayat Act, 1955. The High Court held that Anganwadi Sevikas do not hold civil posts or offices of profit, as per Supreme Court precedent, and the Resolution was arbitrary and unconstitutional, violating fundamental rights. The Court quashed the termination order and the Resolution, reinstating the petitioner with back wages.
Headnote
The High Court of Judicature at Bombay, Bench at Aurangabad, quashed the termination order dated 23.03.2021 and the Government Resolution dated 05.08.2010, holding that an Anganwadi Sevika does not hold an office of profit and is free to contest elections -- The Court ruled that the impugned Government Resolution was arbitrary and unreasonable, violating Articles 14 and 19 of the Constitution of India, as it imposed restrictions without legal basis under the Maharashtra Village Panchayat Act, 1955 -- The petitioner, elected as a Member of Village Panchayat, was terminated for failing to resign from either post, but the Court found no bar to holding both honorary posts simultaneously -- The decision relied on Supreme Court precedent in State of Karnataka v. Ameerbi [(2007) 11 SCC 681], which established that Anganwadi workers are not civil post holders and can contest elections -- The termination was set aside, and the petitioner was reinstated with back wages from the date of termination
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Issue of Consideration: Whether Anganwadi Sevika holds an office of profit and can simultaneously hold the post of elected member of Village Panchayat, and whether the Government Resolution prohibiting such dual holding is arbitrary and unreasonable
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Final Decision
The High Court allowed the writ petition, quashed the termination order dated 23.03.2021 and the Government Resolution dated 05.08.2010, and directed reinstatement of the petitioner as Anganwadi Sevika with back wages from the date of termination
