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High Court of Andhra Pradesh · body

2025 DAILYLAW 2932 (AP)

S SARASWATHI v. THE UNION OF INDIA

WP/673/2025 · 2025-01-22

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl' ' (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 673 OF 2025 Between: S. Saraswathi, W/o. S. Surayanarayana, Aged about 59 years, Occ: Cooking Agency (Mid Day Meal, Z.P.H. School, Achivelli, Pulivendula Mandal, Kadapa District), R/o. D. No.2-86, Achivelli Village, Pulivendula 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 qf^dhra Pradesh, Rep.by Its Principal Secretary School Education Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The Commissioner of School Education, Ibrahimf^nam, Vijayawada, Andhra Pradesh. 4. The District Collector, Kadapa District, Kadapa. 5. The District Educational Officer, Kadapa, Kadapa District. 6. The Tahsildar, Pulivendula Mandal, Pulivendula, Kadapa District. 7. The Mandal Education Officer, Pulivendula Mandal, Pulivendula, Kadapa District. " 8. The Head Master, Z.P.H.S, Achivelli, Pulivendula Mandal, Kadapa District. Roxana Begum, W/o. not known to petitioner. Aged major, R/o. Achivelli Village, Pulivendula Mandal, Kadapa District. 9. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ order may 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 ^ V service on political interference and thereby not considering her grievance by the higher authorities is illegal, arbitrary ano violation of principles of natural justice and Article 14 and 21 of Constitution of India and consequently direct the respondents to continue Achivelli Village, the petitioner as cooking agency in Z.P.H. School PulivendLla Mandal, Kadapa District. lA NO: 1 OF 2()9R Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the respondents to continue the may petitioner as a cooking Mandal, Kadapa agency in Z.P.H. School, Achivelli Village, Pulivendula District, pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI HARINATH REDDY SOMA Counsel for the Respondent No.1 : SRI P. PONNA RAO, DEPUTY - SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 8 : GP FOR EDUCATION Counsel for the Respondent No.9 : SRI PAMARTHY RATHNAKAR^" The Court made the following; ORDER APHC010009282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] Ll?«! WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 673/2025 Between; ...PETITIONER S Saraswathi 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. - 3.PAMARTHY RATHNAKAR The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.673 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 on political Interference and thereby not considering her 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 Z.P.H. School, Achivelli Village, Pulivendula Mandal, Kadapa District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ” Heard Sri Harinath Reddy Soma, learned counsel for the petitioner and learned Government Pleader for School Education appearing on behalf of the respondents. 2. The learned counsel for petitioner submits that the subject 3. matter of this writ petition is squarely covered by the order dated 24.10.2024 passed by this Court in W.P.No.24170 of 2024. Learned Government Pleader does not refute the said 4. submission. 3 In view of the same, for the reasons alike in the aforesaid order, this Court is inclined to dispose of the writ petition in terms of 5. W.P.No.24170 of 2024, dated 24.10.2024. Accordingly, the Writ Petition is disposed of. There shall be no 6. order as to costs. Registry is directed to attach a copy of the order dated 24.10.2024 passed in W.P.No.24170 of 2024 to this order. 7. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Director (Mid Day Meals), Union of India, Ministry of Human Resource Development, (Department of School Education and Literacy), Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi. 2. The Principal Secretary School Education Department, State of Andhra Pradesh, 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, Pulivendula Mandal, Pulivendula, Kadapa District 7. The Mandal Education Officer, Pulivendula Mandal, Pulivendula, Kadapa District. 8. The Head Master, Z.P.H.S, Achivelli, Pulivendula Mandal, Kadapa District. 9. One CC to Sri Harinath Reddy Soma, Advocate [OPUC] 10.One CC to Sri P. Ponna Rao, Deputy Solicitor General of India [OPUC] 11. Two CCs to GP for Education, High Court of Andhra Pradesh. (OUT) 12. One CC to Sri Pamarthi Rathnakar, Advocate (OPUC) 13. Three C.D. Copies. (Along with copy of the order dated.24.10.2024 in W.P. No.24170 of 2024 enclosed herewith)* Cnr HIGH COURT DATED:22/01/2025 i 12 FEB 2025 ^ C5\ ^ . Current Section . ^ ORDER WP.No.673 of 2025 DISPOSING THE W.P. WITHOUT COSTS APHC010466302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24170/2024 Between: Katta Chinna Venkatamma ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SUBBA RAO JANDHYAM Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR SCHOOL EDUCATION The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24170 of 2024 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings in Rc.No.SPUMDM/20, dated 30.09.2024 passed by the Mid Day Meals Committee i.e., respondents 3 to 6 and School Management Committee Resolution, dated 30.09.2024 issued by the respondents 7 and 8 thereby terminated the petitioner as Mid Day Meals Cooking Helper working in Mandal Praja Parishad Government School, Mutrasupalli Village, Komarole Mandal, Prakasam District, without issuing any notice, without conducting enquiry and without passing speaking order and consequential action of the respondents 3 to 6 in entrusting the duties of managing the Mid Day Meals Scheme to the 9'^ respondent as Mid Day Meals Cooking Helper in Mandal Praja Parishad Government School, Mutrasupalli Village, Komarole Mandal, Prakasam District, as illegal, irregular, irrational, violative of principles of natural justice and Articles 14 and 21 of Constitution of India and consequently set aside the proceedings, dated 30.09.2024 and SMC Resolution, dated 30.09.2024 and direct the respondents 3 to 8 to continue the petitioner as Mid Day Meals Cooking Helper...” 2. The grievance of the petitioner, in brief, in the present writ petition is that the petitioner was engaged as Mid Day Meals Cooking Helper at Mandal Praja Parishad Government School, Mutrasupalli Village, Komarole Mandal, Prakasam District in the year 2008. Since then, the petitioner has been discharging her duties without any 3 % remarks or complaints from anyone. Thereafter, the Mid Day Meals Committee i.e., respondents 3 to 6 issued proceedings in Rc.No.SPL/MDM/20, dated 30.09.2024, terminating the petitioner from implementing the mid-day meals program in the aforesaid school, without assigning proper reason and hearing the petitioner. Aggrieved by the same, the present writ petition is filed. 3. Heard learned counsel for the petitioner and learned the respondents. counsel for 4. Principles of natural justice are those which have been laid by the Courts are being minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by the authority, while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. Natural justice is deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principles of natural justice is the prevention of miscarriage of justice. It also violates the principle of fair play and natural justice as well, the opportunity of hearing is not shunned under any of the laws. 5. Therefore, this Court is inclined to dispose of the writ petition directing the respondents to continue the petitioner as Mid Day Meals Cooking Helper to the aforesaid school. If at all the respondents are not intending to continue the petitioner as Mid Day Meals Cooking Helper to the aforesaid school, they should take recourse of law by 4 issuing show cause notice and by passing appropriate orders, after calling explanation and hearing of the petitioner. 6. Accordingly, the Writ Petition is disposed of. There shall be no •, A order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. JUSTICE TARLADA RAJASEKHAR RAO Date : 24.10.2024 SPP