I / APHC010204602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 10514 OF 2025 Between: Gade Venkayamma, W/o Lakshma Reddy, aged about 68 years, Occ; working as Cooking Agent, R/o H.No.l-64, Pavuluru Village, Inkollu Mandal, Bapatia District. ...PETITIONER AND The State of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, Secretariat Buildings, Amaravati. The District Collector, Bapatia District, Bapatia. The District Educational Officer, Bapatia District, Bapatia. The Head Master, Zilla Parishad High School, Pavuluru village, Inkollu Mandal, Bapatia District. Mandal level Midday Meal Committee, Mandal Praja Parishad, Inkollu, Bapatia District. Smt. G.Vijaya Lakshmi, Member, Sri Anjaneya DWACR Group, Pavuluru village, Inkollu Mandal, Bapatia District. 1. 2. 3. 4. 5. 6. ...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 of Mandamus or any other appropriate Writ Order or direction, declaring the impugned proceedings Rc.SPL/MDM/2025 dated 19- 02-2025 on the file of Mandal Midday Meal Scheme Committee, Inkollu Mandal, Bapatia District, under which my services as Cooking Agent was terminated without conducting any enquiry and in utter violation of principles of natural justice., as illegal, arbitraiy and in violation of the Principles of Natural. lA NO: 1 OF 2025 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 impugned proceedings in Rc.SPL/MDM/2025 dated 19-02-2025 on the file of Mandal Midday Meal Scheme Committee, Inkollu Mandal, Bapatia District, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI D. KRISHNA MURTHY Counsel for the Respondent Nos.1 to 3: GP FOR SCHOOL EDUCATION Counsel for the Respondent Nos.4 to 6:—- The Court made the following order: 1 APHC010204602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 10514/2025 Between: 1.GADE VENKAYAMMA, W/0 LAKSHMA REDDY, AGED ABOUT 68 YEARS, OCC WORKING AS COOKING AGENT, R/0 H.NO.I- 64, PAVULURU VILLAGE, DISTRICT. INKOLLU MANDAL, BAPATLA ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT BUILDINGS, AMARAVATI. SECRETARIAT 2.THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA. 3.THE DISTRICT EDUCATIONAL OFFICER, BAPATLA DISTRICT BAPATLA. 4.THE HEAD MASTER, ZILLA PARISHAD HIGH SCHOOL, PAVULURU VILLAGE, INKOLLU MANDAL, DISTRICT. BAPATLA 5.MANDAL LEVEL MIDDAY MEAL COMMITTEE MANDAL PRAJA PARISHAD, INKOLLU, BAPATLA DISTRICT. 6.SMT G VIJAYA LAKSHMI, MEMBER, SRI ANJANEYA DWACR GROUP, PAVULURU VILLAGE, INKOLLU MANDAL, BAPATLA DISTRICT. i 2 ...RESPONDENT(S): 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 of Mandamus or any other appropriate Writ Order or direction, declaring the impugned proceedings Rc.SPL/MDM/2025 dated 19-02-2025 on the file of Mandal Midday Meal Scheme Corpmittee, Inkollu Mandal, Bapatia District, under which as Cooking Agent was terminated without‘conducting enquiry and in utter violation of principles of natural justice, as illegal, arbitrary and in violation of the Principles of Natural and my ^ services any pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court be pleased to suspend the impugned proceedings in Re.SPL/MDM/202 5 on the file of Mandal Midday Meal Scheme Committee, Inkollu Mandal, Bapatia District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.D KRISHNA MURTHY Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION The Court made the following: The Writ Petition is filed questioning the action of the respondent no.5 in passing the impugned proceedings Rc.SPL/MDM/2025 dated 19.02.2025 whereby the services of the petitioner as Cooking Agent of Zilla Parishad High School, Pavuluru Village, Inakollu Mandal terminated without conducting any enquiry, being illegal, arbitrary and the same would amount to violation of principles of natural justice. may dated 19-02-2025 1. were 3 The learned counsel for the petitioner submits that the petitioner herein is a permanent resident of Pavuluru Village, Inkollu Mandal, Bapatia District. In the year 2005, the petitioner was appointed as Cooking Agency in Zilla Parishad High School, Pavuluru, to cook food and supply the same to the students under Midday Meal Scheme. The petitioner is working as such for the last 20 years without there being any complaint from any quarter either from the students or authorities 2. concerned. 3. In pursuance to the change in the Government, there were attempts from one section of political group in Village to remove the petitioner as Cooking Agent and to appoint another person from their group. In the said process, 4^'' respondent issued a show-cause notice to the petitioner herein vide Rc.No.01/M.D.M/2024-25 dated 01.02.2025 stating that under the instructions of the Hon’ble Member of Parliament about the laches in supply of food in Z.P.High School, the matter was placed before the' District Collector and District Magistrate, Bapatia and on the instructions, the District Educational Officer, the Assistant Director O/o District Educational Officer, Bapatia was instructed to conduct enquiry and submit his report. It is alleged that the students have also made a complaint that insects were seen coming in their food and that the petitioner is not cooking food in school premises and has been cooking food at her home and supplying to the students in school. 4. The petitioner submits that the show-cause notice was not served on her. The Head Master i.e. respondent no.4 himself prepared the explanation of the petitioner and obtained explanation stating that the matter would be closed need not worry about the same. 5. It is pertinent to mention here that the learned on behalf of the petitioner has categorically stated that the her signatures on the and the petitioner counsel appearing petitioner was not aware of the contents of the show-cause notice and the explanation was prepared by the Head Master i.e. respondent no.4. It is his contention that both the show-cause notice and the explanation prepared by the respondent no.4, in order to appoint respondent no.6 from their group, the entire story has been cooked In pursuance to the same, on 19.02.2025, 3^^ respondent gave a copy of the impugned order informing the petitioner that her appointment as Cooking Agent in Z.P.High School, Pavuluru has been terminated. 7. Learned counsel strenuously contended that the report has not been served on the petitioner herein, that the termination of the petitioner herein on the ground of the said charge puts a remark on her career. On the other hand, 4"^ respondent filed counter-affidavit in which he categorically submitted that 4^^ respondent issued show-cause notice dated 01.02.2025 calling the petitioner herein to submit her explanation. It is further stated that explanation has been submitted by the was up. 6. said enquiry He further stated 8. petitioner herein. He further submitted that as per the instructions of the District Educational Officer, the Assistant Director O/o District Educational Officer, visited the premises and submitted report. According to the report, the officer visited the school premises on 22.01.2025 and found certain irregularities i.e. the food prepared is not tasty and the agent was preparing the food at her house and supplying the same at school stated that some of the premises which is against the norms. It is . students complained that insects were seen in their food and in view of the same, the respondents issued a show-cause notice to the petitioner and called for her explanation. It is further stated that the respondent authorities were not satisfied with the explanation given by the petitioner and thereafter the SMC committee conducted a meeting on 11.02.2025 and the committee resolved to terminate the services of the petitioner. It is further stated that the petitioner failed to challenge the resolution dated 11.02.2025 and challenged the consequential orders which is not tenable under law. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. The petitioner was appointed as Cooking Agent about 20 years back i.e. in the year 2005, in Z.P.High School, Pavuluru, to cook food and supply to the students under Midday Meal Scheme. A show-cause notice has been issued to the petitioner on 01.02.2025 calling the petitioner to submit her explanation as the food prepared by her is not 9. 10. 6 up to the mark. It is not the case of the respondents that for years, where the petitioner had cooked the food, there was no the last 20 any complaint from any quarter. Absolutely there is no complaint that has been made as against the petitioner that the food has not been properly cooked by her. Quite surprisingly, a show-cause notice has been issued by the 4* respondent herein to the petitioner calling her explanation. In pursuance to the issuing of show-cause respondent himself has prepared explanation, which has notice, surprisingly, to be given by the petitioner herein, in his own handwriting and made the petitioner herein to sign on the explanation Having issued the notice, respondent ought not to have written the explanation, to be given by the petitioner herein, by himself and making the petitioner to sign on the said explanation and the same is contrary to the principles of natural justice. Having served in Z.P.High School, for a period of more than 20 years, on the lame ground that on one day, the food prepared by the herein is not up to the mark, terminating the petitioner herein petitioner on the said ground, appears to be quite unjustified. It is quite evident from the counter-affidavit that for'terminating petitioner herein, no notice is essential and without issuance of any notice. But in the present case 11. the one can be terminated on hand, the petitioner has been terminated on certain charges that the food prepared . by her is not up to the mark and further the at her house and supplying the same to the students. petitioner was preparing food Even on this aspect, there IS .absolutely no complaint from any quarter that the petitioner was fbreparing food at her house. Going by the any amount of ambiguity with regard to the fact that the enquiry done by the respondents herein is up to the mark or not. same, there is 12. In view, of the foregoing discussion, the impugned order of 4*'' respondent dated 19.02.2025 is hereby set aside and in order to maintain the balance of convenience, this Court directs the to conduct a fresh respondents enquiry with regard to the alleged irregularities committed by the petitioner, if any, and submit a report, within a period of four (04) weeks from the date of receipt of a copy of the order. 13. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending, shall stand closed Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// Tic SECTION OFFICER To, 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati. 2. The District Collector, Bapatia District, Bapatla. 3. The District Educational Officer, Bapatla District, Bapatla. 4. The Head Master, Zilla Parishad High School, Pavuluru village, Inkollu Mandal, Bapatla District. 5. Mandal level Midday Meal Committee, Mandal Praja Parishad, Inkollu, Bapatla District. 6. One CC to Sri D. Krishna Murthy, Advocate [OPUC] 7. Two CCs to GP for School Education, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:21/07/2025 ORDER WP NO.10514OF2025 ^ n AUG 2025 JTI P» DISPOSING OF THE W.P. WITHOUT COSTS