Anganwadi worker sacked for having 3 kids moves Bombay HC
Under the 2005 Rules, 'Small Family' was defin-ed to mean, a family of husband and wife with two children or lessâ€.
Mumbai: An anganwadi worker in Maharashtra has approa-ched the Bombay high court (HC) challenging the state government’s decision to dismiss her from job for having more than two children and thus, not adhering to its ‘Small Family’ Rules.
The petitioner, Tanvi Sodaye, began working for the state’s Integrated Child Development Services (ICDS) scheme in 2002 and was promoted to the post of an Anganwadi Sevika in 2012. In March this year, she received a written communication from the state authorities informing her that she was being dismissed since she had three children.
The letter informed her 2014 Government Resolution (GR) mandated that state employees in various departments, including the ICDS scheme, must not have more than two children. In her plea, Mrs Sodaye, however, argued that she was alrea-dy eight month pregnant with her third child when the GR came into effect.
During the hearing, her advocate told a bench of Justices R.M. Savant and M.S. 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. Advocate General Ashutosh Kumbhakoni, who appeared for the state, told the bench that though the August 2014 GR was specifically introduced by the Women and Child Development Depa-rtment to define the terms and conditions of the appointment of Anganwadi Sevikas and other employees under the ICDS, the government had been propagating the ‘Small Family’ Rules since 2005.
Under the 2005 Rules, ‘Small Family’ was defin-ed to mean, “a family of husband and wife with two children or less”.
The bench directed the state to place on record all communications and resolutions issued so far on the subject, by October 3, the next date of hearing.