IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13601 OF 2025 Between; Nandavarapu Siva Durga @ Shaik Siva Durga, W/o.Abdula, Aged about 40 years, Occ Anganwadi Aya, R/o.Pamidipadu Village, Korisapadu Mandal, Bapatia District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Women Development, Child Welfare and Disabled Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Commissioner of Women Development, Government of Andhra Pradesh, Child Welfare and Disabled Welfare Department, Jampani Towers, Amaravathi Road, Opp Narayana School, Potti Sriramulu Nagar, Postal Colony, Guntur, Guntur District - 522002. District Collector-cum-Chairman of District Selection Committee of Anganwadi Workers, and Helpers, Bapatia District at Bapatia. The Project Director, District Women and Child Development Agency, Bapatia District at Bapatia. Child Development Project Officer (CDPO), ICDS (Integrated Child Development Services) Project, Korisapadu Mandal, Bapatia 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 1. 2. 3. 4. 5. nature of WRIT OF MANDAMUS declaring the proceedings in Order N0.I/KI/2023, dated 25.03.2023 passed by the 5 respondent thereby removed the petitioner's from the post of Anganwadi Helper working in Anganwadi Centre-5 in (Code No.0807165) situated at Pamidipadu Village in Korisapadu Mandal of Bapatia District without conducting enquiry and without passing speaking order, as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dated 25.03.2025 direct the respondents to reinstate the petitioner as Anganwadi Helper working in Anganwadi Centre-5 in (Code No.0807165) situated at Pamidipadu Village in Korisapadu Mandal of Bapatia District. and lA NO: 1 OF 202fi 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 proceedings in Order No.1/K1/2023, dated 25.03.2023 passed by the 5*^ respondent and respondents to continue the petitioner's as Anganwadi Helper working in Anganwadi Centre-5 in consequently direct the (Code No.0807165) situated at Pamidipadu Village in Korisapadu Mandal of Bapatia District, pending disposal of the petition. Counsel for the Petitioner: SRI NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES II The Court made the following: ORDER main writ APHC010250922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0f [3506] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13601/2025 Between: Nandavarapu Siva Durga @ Shaik Siva Durga ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1.GP FOR SERVICES II ...RESPONDENT(S) The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief;- “...to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Order No.1/K1/2023 dated 25.03.2023 passed by the 5th respondent thereby removed the petitioners from the post of Anganwadi Helper working in Anganwadi Centre-5 in (Code No.0807165) situated at Pamidipadu Village in Korisapadu Mandal of Bapatia District without conducting enquiry and without passing speaking order as illegal irregular irrational violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dated 25.03.2025 and direct the respondents to reinstate the petitioner as Anganwadi Helper working in Anganwadi Centre-5 in (Code No.0807165) situated at Pamidipadu Village in Korisapadu Mandal of Bapatia District and to pass such other order or orders....” 2. Heard Sri Naga Praveen Vankayalapati, learned counsel for Sri P.L.V.S.Prasad, petitioner, learned Assistant Government Pleader for Child Development and Women Welfare and learned Assistant Government Pleader for Services-ll for respondents. 3. Petitioner was appointed as Anganwadi Helper at Pamidipadu-5, Korisapadu Mandal, Bapatia District and she joined in service on 13.05.2021. As she was irregular in attending to the duties, respondent No.5 has issued memos dated 07.06.2023, 22.08.2024 and 14.10.2024 action for unauthorized absence. Petitioner stated suffering with TB and therefore proposing to initiate to be diagnosed to be on account of advice of doctors, had to take rest for two months. Petitioner though tried to submit explanation to aforesaid 3 memos in particular to memo dated 14.10.2024, the same was not received and respondent No.5 has passed impugned proceedings dated 25.03.2025 removing petitioner from services. Assailing the same, present writ petition is filed. 4. Learned counsel for the petitioner submits that the impugned order does not even refer to the show the allegation was that petitioner absented from however, the impugned order reflects 05.10.2023 which consideration to the facts of the that though petitioner tried to submit explanation, the cause memo dated 16.11.2024 as per which duties from 16.08.2024 that petitioner absented from are clearly in vary, showing non application of mind and non case in proper perspective. He further submits same was not received by respondent No.5 and at any rate the order passed without referring to the show cause memo dated 16.11.2024 and without referring to the facts which memo, clearly amounted to violation of are mentioned in the show cause principles of natural justice. 5. Learned Assistant G1 overnment Pleader appearing for respondents has placed on record written instructions dated 14.05.2025 and tried to support the impugned orders passed by respondent No.5. 6. Perused the record and considered the rival submissions. Petitioner was issued various show cause memos in particular memo dated 16.11.2024 stating that she 16.08.2024, therefore, action 7. was not attending to duties since was proposed against her and was called upon 4 ■ \ to submit explanation within 10 days. Though petitioner asserts that to submit explanation, the same has not been received she tried no material is placed before this Court in support of the said assertion. Be that as it may, the impugned order neither reflects show cause memo dated 16.11.2024 nor on a new set of allegation that petitioner absented from duties since 05.10.2023, decision has been taken to remove her from service. As there is a ciear variance from the allegations advert to the allegations made therein, rather as set out in the show memo dated 16.11.2024 and impugned proceedings dated 25.03.2025. this Court, satisfied that cause respondent No.5 has not applied mind in proper perspective and new facts have been brought in for coming to such decision. Therefore, the impugned order cannot sustain and deserves to be set aside. 8. In view of the same, the writ petition is allowed by setting aside the impugned proceedings dated 25.03.2025 passed by respondent No.5 matter is remanded back to enable the petitioner to submit and the explanation to the show cause memo dated 16.11.2024 within the date of receipt of a copy of this order and explanation, respondent No.5 shall period of four (04) weeks strictly in accordance with law. a period of one (01) week from on submission of the pass appropriate orders within a further 9. Accordingly, the Writ Petition is allowed. There shall be no order costs. as to 5 4 As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// /Section officer To, 1. The Principal Secretary to Government, Women Development, Child Welfare and Disabled Welfare Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Women Development, Government of Andhra Pradesh, Child Welfare and Disabled Welfare Department, Jampa Towers, Amaravathi Road, Opp Narayana School, Potti Sriramulu Nagar, Postal Colony, Guntur, Guntur District - 522002. 3. District Collector-cum-Chairman of District Selection Committee of Anganwadi Workers, and Helpers, Bapatia District at Bapatla. 4. The Project Director, District Women and Child Development Agency Bapatla District at Bapatla. §V'Child Development Project Officer (CDPO), ICDS (Integrated Child Development Services) Project, Korisapadu Mandal, Bapatla District. 6. One CC to Sri Naga Praveen Vankayalapati, Advocate [OPUC] 7. Two CCs to GP for Services-ll, High Court of Andhra Pradesh. 8. Three CD Copies. ni [OUT] ssb HIGH COURT DATED:17/06/2025 ORDER WP.No.13601 of 2025 ALLOWING THE W.P. WITHOUT COSTS