IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 937 OF 2025 Between: SK Kamal Basha, S/o Kamaluddin, Aged about 59 years, Occ Cooking Agency (Mid Day Meals, M.P.P.S), Ranivanam, Yerraguntia Mandal, Kadapa District. ...PETITIONER AND 1. The Union of India, Ministry of Human Resource Development, (Department of School Education and Literacy), Rep by its Director (Mid Day Meals), Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi.., 2. The State of AP, Rep. by Its Principal Secretary School Education Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The Commissioner of School Education, Ibrahimpatnam, Vijayawada, Andhra Pradesh. 4. The District Collector, Kadapa District, Kadapa. 5. The District Educational Officer, Kadapa, Kadapa District. 6. The Tahsildar, Yerraguntia Mandal, Yerraguntia, Kadapa District. 7. The Mandal Education Officer, Yerraguntia Mandal, Yerraguntia, Kadapa District. 8. The Head Master, Mandal Parishad Primary School, Yerraguntia Mandal, Yerraguntia, Kadapa District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High ' Court may be pleased to issue Writ order or direction more particularly one in the ipature of Writ of Mandamus declare the action of Respondents No.6 to 8 in removing the petitioner from the service in pursuant to forcible resignation on printed form and thereby not considering his grievance by the higher authorities is illegal, arbitrary and violation of principles of natural justice and Article 14 and 21 of Constitution of India and consequently direct the respondents to continue the petitioner as cooking agency in Mandal Parishad Primary School, Ranivanam Veedhi, Yerraguntia Mandal, Kadapa District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 to continue the petitioner as a cooking agency in Mandal Parishad Primary School, Ranivanam Veedhi, Yerraguntia Kadapa District pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI HARINATH REDDY SOMA Counsel for the Respondent Nos. 4 & 6: GP FOR REVENUE Counsel for the Respondent Nos. 2, 3, 5, 7 & 8: GP FOR EDUCATION Counsel for the Respondent No.1: SRI PASALA PONNA RAO , DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER % APHC010009872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3330] h H PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 937/2025 Between; ...PETITIONER Sk Kamal Basha AND ...RESPONDENT(S) The Union of India and others Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1.GP FOR EDUCATION 2.GP FOR REVENUE The Court made the following order: 2 A THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.937 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ".. .to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of Respondents No. 6 to 8 in removing the petitioner from the service in pursuant to forcible resignation on printed form and thereby not considering his grievance by the higher authorities is illegal, arbitrary and violation of principles of natural justice and Article 14 and 21 of Constitution of India and consequently direct the respondents to continue the petitioner as cooking agency in Mandal Parishad Primary School, Ranivanam Veedhi, Yerraguntia Mandal, Kadapa District and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case." 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. A memo dated 06.12.2024 was issued by the 7'^ respondent/ Mandal Education Officer called for an explanation within three days from the petitioner observing that the inspection conducted 05.12.2024 it was observed that the cooking personnel did not wear handgloves and caps and it was additionally noted that fewer ingredients were used in making the “chitrannam” and the rice was over cooked. 3. on 4. Learned counsel for the petitioner would submit that the petitioner was appointed as a cooking agency in the year 2003 at Mandal Parishad Primary School, Ranivanam Veedhi, Yerraguntia Mandal, Kadapa District, under the supervision of 8^^ respondent. The petitioner herein is discharging his duties most respectfully without any 3 4 blemish record with utmost satisfaction of the children in hygienic manner. While things stood thus, the petitioner came to know that the local contested Kadapa Parliament Constituency addressed a letter to the 6"^ respondent to appoint his known persons as cooking assistants in Mandal Parishad Primary School under their control. Then the respondents 6 to 8 prepared a printed resignation form and obtained signatures of the cooking agencies forcibly and orally informed that they were getting signatures for forwarding to the Government for enhancing their salaries. When the petitioner objected to make his signatures, the 7**^ respondent issued a memo on 06.12.2024 for conducting disciplinary proceedings on fictitious grounds. The petitioner submitted his explanation on 09.12.2024. Thereafter the respondents did not conduct any disciplinary proceedings or pass any orders on the memo issued by the 7*'^ respondent. 5. It is further submitted by the learned counsel for the petitioner that without any fault on the part of the petitioner, the respondents are not allowing the petitioner to discharge his duties with a malicious intention to remove the petitioner from service to appoint another one in the place of the petitioner with the influence of the local political leaders. 6. It is the grievance of the petitioner that the respondents are taking hectic steps to terminate the petitioner from the duties as cook without taking any decision on the explanation offered by him. 4 P would submit that it would direction to the Learned counsel for the petitioner of this writ petition with a 7. suffice to dispose respondents to and to pass appropriate orders in consider the explanation submitted by the petitioner accordance with law. Government Pleader requested this Court to Learned Assistant time to obtain instructions. 8. grant some and acceding the request this Court is inclined to In view of the said circumstances 9. made by the learned counsel for the petitioner directing the respondent to examine the dispose of the writ petition submitted by the petitioner and pass appropriate orders iin explanation accordance with law and communicate the said decision to the period of four weeks from the date of receipt the respondents are directed not to petitioner herein, within a of a copy of this order. Till then take any coercive steps against the petitioner herein Accordingly, the Writ Petition is disposed of. There shall be no 10, order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR fel^OFFI //TRUE COPY// CER SECT To, 1. The Director (Mid Day Meals), Union of India, Ministry of Human Development, (Department of School Education and Literacy), Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi. 2. The Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District. Resource 3. The Commissioner of School Education, Ibrahimpatnam, Vijayawada, Andhra Pradesh. 4. The District Collector, Kadapa District, Kadapa. 5. The District Educational Officer, Kadapa, Kadapa District. 6. The Tahsildar, Yerraguntia Mandal, Yerraguntia, Kadapa District. 7. The Mandal Education Officer, Yerraguntia Mandal, Yerraguntia, Kadapa District. 8. The Head Master, Mandal Parishad Primary School, Yerraguntia Mandal, Yerraguntia, Kadapa District. 9. One CC to Sri Harinath Reddy Soma Advocate [OPUC] 10. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India [OPUC] 11. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies TF HIGH COURT .DATED:20/01/2025 ORDER WP.No.937 of 2025 ^ 13 FEB 2025 ^ Current Secuon DISPOSING OF THE W.P., WITHOUT COSTS