The Calcutta HC in a recent order upheld the transfer of an anganwadi worker even if there was no express provision in the applicable schemes or regulations .
The anganwadi worker (the appellant) was allegedly not regular with the work, misbehaving with people and didn’t serve proper food to the children.
The appellant filed a plea demanding the quash of the transfer orders as she pointed out that transfer defeated the very purpose of the scheme, where local people are mostly appointed.
The appellant also argued that there is no Provision of transfers in the memorandum concerning the recruitment of anganwadi workers.
Also the place where she was appointed was approximately 30 kilometres away from the present job location.
But the court noted that if a anganwadi worker is not performing its duties judiciously then she does not deserve any consideration and authorities cannot be expected to be the mute audience, so the transfer is valid.
The plea by appellant was dismissed and the transfer order was upheld.
The court also observed :
“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…beneficiaries had suffered during the period when the appellant was in charge of the said centre. Therefore, if public interest warrants her transfer from the said centre, the concerned authority can do so for the sake of public service. The lackadaisical attitude of the appellant was palpable”.
Case : Suily Banerjee v. The State of West Bengal & ors.
WRITTEN BY : VIDHI MAHAJAN , A BA LLB STUDENT FROM GURU NANAK DEV UNIVERSITY, AMRITSAR AND A LEGAL INTERN UNDER LEGAL VIDHIYA.
