STATE OF WEST BENGAL & ORS. versus KABERI KHASTAGIR & ORS.

Citation: [2008] 17 S.C.R. 229 · Decided: 10-12-2008 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2008] 17 S.C.R. 229 
STATE OF WEST BENGAL & ORS. 
v. 
KABER I KHAST AGIR & ORS. 
(Civil Appeal No. 7206 of 2008) 
DECEMBER 10, 2008 
[ALTAMAS KABIR AND MARKANDEY KAT JU, JJ.] 
t 
Child and Family Welfare: 
A 
B 
Integrated Child Development Scheme - Paragraph 47 C 
-
Child Development Project Officer appointed under the 
Scheme, are employees of State Government and not project 
employees. 
Respondent 1 to 3 were appointed as supervisors in 
0 
the Integrated Child Development Scheme Project. The 
said Scheme was introduced by the Government of India 
through the Department of Human Resources 
Development for integrated delivery of certain services to 
pre-school children, pregnant and lactating women. The 
object of the Scheme was to improve the health and 
E 
nutritional status of children and women and to reduce 
the incidents of school drop-outs and physical and social 
welfare and development of the child. 
In the month of October, 2002, respondents received 
F 
interview letters asking them to appear before the Public 
Service Commission for selection to the promotional 
post of CDPO and ACDPO. No panel was ever published 
thereafter by the State Government and its authorities in 
their capacity as the Implementing Agency. However, all G 
of a sudden a list of candidates appointed on promotion 
to the post of CDPO was published on 23.2.2004, which 
did not conform to the procedure with the result that a 
large number of under-graduate male employees from 
229 
H 
230 
SUPREME COURT REPORTS 
[2008] 17 S.C.R. 
A different zones of the cadre were promoted to the post 
of CDPO and ACDPO. Despite several representations 
~ 
made to the State Government and the Director of 
Women and Child Development and Social Welfare of the 
State Government, no steps were taken to alleviate the · 
B grievances of the respondents. The respondents filed a 
writ petition. The Single Judge of.the High Court held that 
although the State was acting as a nodal agency, the 
employees under the Scheme were not Government 
1 
employees but Project employees and that if and when 
c the Project was withdrawn, their employment would also 
cease. It also directed that only 25% of the vacancies for 
the posts of CDPO could.be filled up by direct recruitment 
and the rest by promotion, as prescribed under the 
Scheme, subject to the candidates having requisite 
0 qualifications. It was also directed that the State 
Government should ensure that the posts should be filled 
up by lady officers as far as practicable. 
The Division Bench of High Court upheld the 
decision of Single Judge and came to a definite finding 
E that the respondents were all employed in the ICDS 
Project and could not, therefore, be treated as State 
Government employees. Hence the instant appeal. 
F 
G 
Allowing the appeal, the Court 
HELD: 1. The persons appointed as Child 
Development Project Officers of the l·ntegrated Child 
Development Scheme Project were employees of the 
State Government as· contemplated under Paragraph 47 
of the Scheme. [Para 27] [244-D] 
2.1. Paragraph 35 of the Integrated Child 
Development Scheme clearly provides that though the 
same was a Centrally-sponsored scheme, its 
implementation was left to the respective State 
H Governments with 100% financial assistance from the 
. 
.,_ 
STATE OF WEST BENGAL & ORS. v. KABERI 
231 
KHASTAGIR & ORS. 
Central Government for inputs other than supplementary 
A 
nutrition which was identified as the responsibility of the 
State Government. Paragraph 47 of the Scheme, makes 
it clear that even though funds for the Scheme would be 
provided by the Central Government, the staff would be 
borne on the appropriate cadres of the States which 
B 
would sanction the posts in the appropriate 
corresponding State pay scale. In the face of such 
provision it is difficult to accept that the respondents 
were Project workers and not employees of the State 
Government. [Para 26] [243-H; 244-A-C] 
c 
2.2. The notification dated 3rd June, 1983, issued by 
the Relief and Welfare Department, Department of 
Government of West Bengal provides for the constitution 
of the West Bengal, Junior Social Welfare Service which 
includes Child Development Project Officers of the ICDS 
D 
Project. From the orders of appointment issued in favour 
of respondents, it is apparent that the service conditions 
of the respondents were also to be that as were 
applicable to other government servants of the same 
category under the Rules and

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