y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos: 2470 & 33860 of 2014 WRIT PETITION No: 2470 of 2014 Between: Mallavarapu Sujatha, D/o. J.Venkateswarlu, Aged about 27 years, R/o Kallur Village, Kurichedu Mandal, Prakasam District. ...PETITIONER AND 1. Government of Andhra Pradesh, rep., by its Principal Secretary, Women and Child Welfare Department, Secretariat, Hyderabad. 2. The District Collector/Chairman, The District Level Selection Committee, Woman & Child Welfare Development Project, Prakasam District at Ongole. 3. The Project Director, District Woman and Child Welfare Development Project, Ongole, Prakasam District. 4. Child Development Project Officer, Integrated Child Development Scheme (ICDS) Tarlapadu Village and Mandal, Prakasam District. 5. Angaluri Kalavathi, W/o. Late Nagarajuna, R/o Kalluru Village, Kurichedu Mandal, Prakasam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, to declare the impugned order passed by the 4"’ respondent bearing procs. No. 70/A/2013 dt; 13-12-2013 appointing the 5‘^ respondent herein as Anganwadi Worker ' basing on the recommendation given by the 3’’'^ respondent in letter Rc.No.529/A1/2008 dt. 18-11-2013 basing on the directions of the 2"*^ respondent dt; 18-11-2013, though I secured highest marks in the Interview, as being illegal, arbitrary, unconstitutional and against to the principles of natural justice and consequently set aside the same by directing the respondents to consider the case of the petitioner for appointment to the post of Anganwadi Worker in terms of the merit list, and to grant such other relief or reliefs as this Hon'bie Court deems fit and proper in the circumstances of the case. i.A. No: 1 OF 2014fWPMP. No: 3012 OF 20141 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned order passed by the 4*'' respondent in proceedings pursuant Rc.No. 529/A1/2008 dt. 18-11-2013, pending disposal of the main Writ Petition. I.A. No: 2 OF 2014fWVMP. NO: 3648 OF 20141 Between: Angaluri Kalavathi, W/o. Late Nagarajuna, R/o Kalluru Village, Kurichedu Mandal, Prakasam District. ...PETITIONER/S*” RESPONDENT AND 1. Mallavarapu Sujatha, D/o. J.Venkateswarlu, Aged about 27 years, R/o Kallur Village, Kurichedu Mandal, Prakasam District. ...RESPONDENT/PETITIONER 2. Government of Andhra Pradesh, rep., by its Principal Secretary, Women and Child Welfare Department, Secretariat, Hyderabad. 3. The District Collector/Chairman, The District Level Selection Committee, Woman & Child Welfare Development Project, Prakasam District at Ongole. 4. The Project Director, District Woman and Child Welfare Development Project, Ongole, Prakasam District. 5. ChNd Development Project Officer, Integrated Child Development Scheme (ICDS) Tarlapadu Village and Mandal, Prakasam District. ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim order dated 06.02.2014 passed in W.P.M.P No. 3012 of 2014 in W.P No. 2470 of 2014 and dismiss the Writ Petition with exemplary costs. I.A. No: 5 OF 2014fWPMP. NO: 49783 OF 20141 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 to appoint the petitioner Anganwadi worker at Kalluru Village, Kurichedu Mandal, Code No. 140, pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. A.VARALAKSHMI Counsel for the Respondent Nos.1 to 4: GP FOR WOMEN DEV & CHILD WELFARE Counsel for the Respondent No.5: SRI VENKATA RAGHU MANNEPALLI as WRIT PETITION No: 33860 OF 2014 Between: Angaluri Kalavathi, W/o. Late Nagarjuna, Aged 36 years, Occ; Anganwadi Worker, R/o. Kallur Village, Kurichedu Mandal, Prakasam District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Women & Child Welfare Department, Secretariat. Saifabad, Hyderabad. 2. District Collector-cum-Chairman, District Level Selection Committee. Women & Child Welfare Development Project, Prakasam District at Ongole. 3. Child Development Project Officer, Integrated Child Development Scheme, Tarlapadu Village & Mandal, Prakasam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the circular memo No. 529/A1/2008, dt. 10.10.2014 issued by 2"^^ respondent and order in R.C.No; 55/A/2014 dated 13.10.2014 passed by the 3'^'^ respondent, thereby removing the petitioner from service as Anganwadi Worker at Kalluru Village with code No. 140 within the operational area of 3’’^ respondent as illegal, irregular, irrational, contrary to principles of natural justice, violative of Articles 14 and 21 of Constitution of India and settled principles of service jurisprudence and consequently set aside the same and reinstate the petitioner into service with all attendant benefits. I.A. No: 1 OF 2014fWPMP. NO: 42362 OF 2014) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Circular Memo No. 529/AI/2008, dt:10.10.2014 issued by 2"^ respondent and order in R.C.No: 55/A/2014 dated 13.10.2014 passed by the 3’’'^ respondent and consequently direct the respondents to reinstate the petitioner into service as Anganwadi Worker at Kalluru Village with code No. 140 within the operational area of 3 respondent, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI VENKATA RAGHU MANNEPALLI Counsel for the Respondents: GP FOR WOMEN DEV & CHILD WELFARE The Court made the following: COMMON ORDER rd APHC010016942014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOs: 2470 & 33860 of 2014 WRIT PETITION NOs: 2470 of 2014: Between: Mailavarapu Sujatha D/o J.venkateswarlu, ...PETITIONER AND Government Of Andhra Pradesh Rep and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.A VARALAKSHMI Counsel for the Respondent(S): 1. VENKATA RAGHU MANNEPALLI 2.GP FOR WOMEN DEV, CHILD WELFARE WRIT PETITION NO: 33860 of 2014: Between: Angaluri Kalavathi ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKATA RAGHU MANNEPALLI w 2 Counsel for the Respondent(S): 1.GP FOR WOMEN DEV-CHILD WELFARE(AP) The Court made the following Common Order:- The petitioner applied for the post of Anganwadi Worker in pursuance of the notification issued by the respondents. The respondents issued vide proceedings dated 13.02.2013, appointing the 5*^ respondent Anganwadi Worker based on the recommendation of the 3''^ respondent. The learned counsel for the petitioner submits that the petitioner secured the highest marks in the interview and is eligible for appointment. It is also submitted that the petitioner, along with the respondent and one O. Nagendramma, received call letters and all three attended the interview. The respondent was not eligible for the said post as she had not passed the 10‘^ class. The petitioner secured the highest marks in the interview. The respondent had passed 9**^ class and was a widow. However, the respondents considered the case of the respondent for the post of Anganwadi Helper. W.P.No.23365 of 2008 was filed by O. Nagendramma apprehending the appointment of the 5^^ respondent as Anganwadi Worker. This Court granted an order of status-quo on 24.10.2008. The status-quo order was vacated by this Court on 27.04.2010. The 5^*^ respondent filed W.P.No.10951 of 2009 seeking a direction to appoint her as Anganwadi Worker. The 5'*^ respondent was appointed as an Anganwadi Helper by the District Collector on 18.11.2013. The writ petition was subsequently withdrawn on 07.02.2014. The petitioner filed the present as an 2. 3. 3 4 writ petition challenging the appointment of the 5 respondent as an Anganwadi Worker. As the 5*'^ respondent completed class during the pendency of the writ petitions, her candidature was recommended by the 2 respondent to the respondent on humanitarian grounds, as her husband was killed by Naxalites, and, as such, the 2"'^ respondent felt it appropriate to appoint her as an Anganwadi Worker. Aggrieved by the said appointment vide proceedings dated 13.12.2013, nd 4. the present writ petition is filed by the petitioner. This Court suspended the proceedings as the 5*'^ respondent did not possess the minimum qualification of 10'*^ class. On account of the suspension orders passed by this Court, the respondents have passed a circular dated 10.10.2014 and an order dated 13.10.2014 removing the 5**^ respondent as an Anganwadi Worker. Aggrieved by the same, the 5**^ respondent filed W.P.No.33860 of 2014. The learned counsel for the petitioner submits that the petitioner is 5. admittedly the meritorious candidate and that O. Nagendramma filed a writ petition anticipating the appointment of the 5*^ respondent as an Anganwadi Worker. The status-quo order was granted by this Court, and as such, the respondents could not fill up the said post. The respondents have erroneously considered the case of the 5^^ respondent and issued proceedings of appointment, which were challenged by this Court, and this Court suspended the same. Thereafter, the respondents, having realized the error committed. th passed appropriate proceedings withdrawing the appointment of the 5 4 respondent. The 5 respondent has subsequently filed a writ petition, and no orders were passed by this Court. The learned Assistant Government Pleader representing the respondents submits that, on account of the litigation initiated by the applicants, the post has been vacant for the last 15 years. The respondents, in their counter, have admitted that the petitioner in W.P.No. 2470 of 2014 has secured the highest marks. The instructions submitted by the learned Assistant Government Pleader also indicate that the petitioner secured the highest marks. 6. 7. Attention of the Court is drawn to Para No. 11 of the counter submitted by the respondents in W.P.No.2470 of 2014. It is admitted by the respondents that the petitioner secured the highest marks. It is submitted by the respondents in the counter filed in W.P.No.23365 of 2008 that they have also admitted that the petitioner secured the highest marks. Heard the learned counsels for both parties. Admittedly,'ti^ petitioner secured the highest marks in the selection 8. 9. th process. Howler, the official respondents intended to accommodate the 5 respondent as an Anganwadi Helper. The 5^*^ respondent was not inclined to join as an Anganwadi Worker, and during the pendency of the litigation, the 5 respondent completed the lO^*" class and claimed eligibility for being appointed as an Anganwadi Worker. Though the official respondents considered her case for appointment as an Anganwadi Worker, this Court found fault with the said appointment process, as the 5‘^ respondent did not have the requisite th 5 6. educational qualification as on the date of the notification and accordingly suspended the proceedings. The respondents have subsequently issued orders of termination for the 5th respondent. As on date, the post of Anganwadi Worker is vacant, and the petitioner ought to have been issued appropriate proceedings of appointment. The respondents, soon after issuing the orders of termination dated 13.10.2014, ought to have simultaneously issued proceedings for the appointment of the petitioner as an Anganwadi Worker. There was no stay in operation for passing an order for the petitioner as an Anganwadi Worker. This Court finds it appropriate to direct the official respondents Nos. 1 to 4 to the orders of appointment of the petitioner as an Anganwadi Worker, within a period of four (04) weeks from the date of receipt of this order. Accordingly, W.P.No.2470 of 2014 is allowed, and W.P.No.33860 of 2014 is dismissed. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand 10. issue 11. closed. Sd/- K. TATA RAO DEPUTY REGISTRAR ^ % //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Women & Child Welfare Department, Government of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District.. 2. The District Collector/Chairman, The District Level Selection Committee, Woman & Child Welfare Development Project, Prakasam District at Ongole. 3. The Project Director, District Woman & Child Welfare Development Project, Ongole, Prakasam District. 4. The Child Development Project Officer, Integrated Child Development Scheme (ICDS) Tarlapadu Village & Mandal, Prakasam District. 5. One CC to Smt. A.Varalakshmi, Advocate [OPUC] 6. Two CCs to GP for Women Dev & Child Welfare, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri Venkata Raghu Mannepalli, Advocate [OPUC] 8. Three CD Copies. gi HIGH COURT DATED:17/02/2025 lN ^ 21 MAR 2025 S COMMON ORDER ^^Coirentsecuon* WP.Nos.2470 & 33860 of 2014 ALLOWING THE W.P.No.2470 of 2014 WITHOUT COSTS DISMISSING THE W.P.No.33860 of 2014 WITHOUT COSTS