Authorities Must Consider Pension Claims, Including Anganwadi Service, by Reasoned Order.

The applicants, former Anganwadi Workers who were subsequently promoted to Anganwadi Supervisors and retired, claimed pensionary and other retiral benefits.

They sought, in particular, to have part of their Anganwadi Worker service counted as qualifying service for pension, relying on the communication dated 4 November 2022 and the High Court’s decision in Shashi Prabha v. State of J&K & Ors.

At the hearing, the applicants asked that their Transfer Application be disposed of with a direction to treat it as a representation and decide their claims.

The respondents did not oppose disposal with appropriate directions, without prejudice to their rights and contentions.

Whether the Transfer Application should be disposed of by directing the respondents to treat it as a representation and consider the applicants’ claims for pensionary and retiral benefits.

Whether the Tribunal should determine the applicants’ substantive entitlement to pension, including whether their service as Anganwadi Workers counts as qualifying service, at this stage.

The applicants relied on the High Court judgment in Shashi Prabha v. State of J&K & Ors., concerning the counting of 50% of Anganwadi Worker service towards qualifying service, and on the subsequent Division Bench judgment upholding that decision.

The Tribunal directed the competent authority to consider those authorities, the relevant communication and the accompanying documents, subject to the applicants being similarly situated, their eligibility and entitlement, the applicable rules and regulations, and the absence of any legal impediment.

In view of the applicants’ limited request and the respondents’ position, the Tribunal considered that keeping the application pending would serve no useful purpose.

It therefore directed the respondents to consider the applicants’ claims as a representation, including the question of counting Anganwadi Worker service, while leaving the merits and all questions of fact and law open for determination by the competent authority.

The respondents were directed to pass a detailed, reasoned and speaking order within 12 weeks of service of a certified copy of the order.

Pending miscellaneous applications were also disposed of, with no order as to costs.