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2025 DAILYLAW 10590 (AP)

HYDAR HAYNABANU v. THE STATE OF ANDHRA PRADESH

WP/6131/2023 · 2025-07-23

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010120912023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JL TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6131 OF 2023 Between: Hydar Haynabanu, W/o. G. Kareem Basha, Hindu, Female, Aged about 45 years, Aganwadi Volunteer, R/o. D.No.4/122, Peddamma Gudi Street, Kowthalam Village, Badinehal, Kurnool District-518344 ...Petitioner AND 1. The State of Andhra Pradesh, Women Development and Child Welfare Department, Rep. by PrI. Secretary, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Women Development and Child Welfare Department, ICDS Project, Vijayawada. 3. The District Collector cum Chairman, Women Development and Child Welfare Agency, Kurnool District, Kurnool. 4. The Project Director, ICDS Project, Adoni, Kurnool District. 5. The ICDS Project Officer, Women Development and Child Welfare Agency, Adoni, Kurnool 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 allowing the petitioner to Aganwadi Center declaring the action of the Respondents No.3 to 5 i work as a Aganwadi Volunteer, No-1, without in not Badinahel Village, or any representations as illegal, irregular, arbitrary of the ICDS Project and Rules Articles 14, 21 passing any removal order proceedings; in-spite of repeated and violative of the Guidelines under and also offends framed there of constitution of India and consequently direct the i Aganwadi worker with all back respondents to permit the petitioner to work as a wages since 2014 onwards. jA NO: 1 OF 909^ Petition under Section 151 in the affidavit filed i allow the petitioner to Badinahel Village representations of the petitioner Dt. disposal of the main writ petition. Counsel for the Petitioner- Counsel for the Respondents: The Court made the following CPC praying that in the circumstances stated in support of the petition, the High Court may be pleased to work as Aganwadi Worker In Aganwadi Center No 1 Kowthalam Mandal, Kurnool District 05.03.2018 and 25.03.2019 consider the and pending SRIyT.KUMAR BABU GP FOR SERVICES II order: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6131/2023 APHC010120912023 [3460] Between; 1.HYDAR volunteer, R/0. D.NO.4/122, PEDDAMMA GUDI STREET, KOWTHALAM VILLAGE, BADINEHAL, KURNOOL DISTRICT- 518344 HINDU, AGANWADl HAYNABANU, W/0. G. KAREEM BASHA, AGED ABOUT 45 YEARS ...PETITIONER AND WOMEN OF ANDHRA PRADESH, STATE 1 the development AND CHILD WELFARE DEPARTMENT, REP. eY PRL. . SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. COMMISSIONER, WOMEN DEVELOPMENT AND CHILD ^ WELFARE DEPARTMENT, ICDS PROJECT, VIJAYAWADA DISTRICT COLLECTOR CUM CHAIRMAN, WOMEN ^ DEVELOPMENT AND CHILD WELFARE AGENCY, KURNOOL district, KURNOOL. ICDS PROJECT, ADONI, 4. the PROJECT DIRECTOR, KURNOOL DISTRICT. 5 the ICDS PROJECT OFFICER, WOMEN DEVELOPMENT CHILD WELFARE AGENCY, ADONI, KURNOOL and 2 DISTRICT. ...RESPONDENT(S): .... Petition under Article 226 of the Constitution .. of India praying hat in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.3 the petitioner to work to 5 in not allowing a Aganwadi Volunteer, Badinahel Visage, Aganwadi Center No.1, without passing any removal order or any proceedings, in-spite of repeated representations Illegal, irregular, arbitrary and violative of the Guidelines of the ICDS Project and Rules framed there under and also offends Articles 14, 21 of constitution of India and consequently direct the respondents to permit the petitioner to work as a Aganwadi worker with all back wages since 2014 onwards and pass as as lA NO: 1 OF 202.^ 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 pleased to allow the petitioner to work as Aganwadi Worker in Aganwadi Center No 1 Badinahel Village, Kowthalam Mandal, Kurnool District consider the representations of the petitioner Dt. 05.03.2018 and 25.03.2019 and pending disposal of the main writ petition and pass Counsel for the Petitioner; 1.T KUMAR BABU Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.6131 of 2023 ORDER: This writ petition is filed questioning the action of Respondent Nos.3 to 5 in not allowing the Petitioner to work as Anganwadi volunteer, Badinahel Village, Anganwadi Center No.1 without any removal order as illegal and arbitrary. Learned counsel for the Petitioner submits that the 19.03.1997 as volunteer in 2. Petitioner was appointed on Anganwadi Center No.1, Badinahel Village and ever since was working as such on honorrorium basis of Rs.500/-. While so, in the year 2014, the Petitioner shall not be permitted to work in the Anganwadi center on some hearsay allegations against her. Though the Petitioner has been repeatedly approaching the Respondent-authorities for consideration of her case, the case of the Petitioner was not considered. Hence, the writ petition. In the counter affidavit filed by Respondent No.4, it is stated that the Petitioner had submitted her resignation on 07.03.2014, but the same was accepted by District Level Selection Committee 15.02.2021 along with other candidates after verification in Kurnool District. It is stated that the delay in circulating the file to the Committee Members had occurred due to administrative 3. on 2 It is further stated that there is no vacancy available as volunteer in Anganwadi Center No.1, substitute by name Boya Padmavathi 21.10.2022 in the place of the Petitioner. Having heard the learned counsel counter affidavit that the Petitioner had reasons. Badinahel Village as a was appointed on 4. and in the light of the resigned as Anganwadi volunteer in the year 2014 itself, it would not be appropriate to direct the Respondents to reinstate the Petitioner as Anganwadi volunteer. However, as the Petitioner had worked from 1997 2014 without any blemish. to the case of the Petitioner for appointment as Anganwadi volunteer can be considered in any vacancy arising in the Badinahel Village or in the villages around the place. 5. The writ petition is disposed of accoridngly. No order as to costs. As a sequel, the miscellaneous petitions if dismissed. any shall stand Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// FFICER S To 1. The Principal Secretary, Women Development and i, Guntur District. Child Welfare Department, Velagapudi, Amaravath 2. The Commissioner, Women Development Department, ICDS Project, Vijayawada. 3. The District Collector and Child Welfare Chairman, Women Development and Welfare Agency, Kurnool District, Kurnool. 4. The Project Director, ICDS Child Project, Adoni, Kurnool District. 5. The ICDS Project Officer Agency, Adoni, Kurnool District. 6. One CC to Sri T Kumar Babu, Advocate [OPUC] 7- Two CCS to GP for Servioes II, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Women Development and Child Welfare TF HIGH COURT DATED:24/07/2025 ORDER WP NO. 6131 OF 2023 DISPOSING OF THE W.P., WITHOUT COSTS