IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^ (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI \ WRIT PETITION NO: 22898 OF 2024 Between: 1. Gangapatnam Penchalamma, W/o. G. Chinnabbaiah, Age. 53 years, Occ. Sweep^, R/o. Mamuduru Village, Chejarla Mandal, SPSR Nellore District. ^ 2. G. Chinnabbaiah, S/o. Chinnaiah, Age. 69 years, Occ. Night Watchman (Under Termination), R/o. Mamuduru Village, Chejarla Mandal, SPSR Nellore District. ...PETITIONEf^S^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Eduction Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The District Educational Officer, SPSR Nellore District, Nellore. 4. The Mandal Educational Officer, Chejarla Mandal Nellore District. 5. The Assistant Project Manager, DRDA, Chejada, Chejarla SPSR Nellore District. 6. The Head Master. AML ZP High ^hool, Mamaduru Village Mandal, SPSR Nellore District. W'" Chejarla, SPSR Mandal, Chejarla ...respondent's Petition under Article ZZeiif 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 an appropriate writ, order or direction more particularly one in th^ nature of Writ of Mandamus, questioning the action of the Respondent No.6 in passing the oral termination orders dated 08-08-2024, terminating the petitioners from their services as Sweeper and Night Watchman respectively in the Respondent No.6 High School as .arbitrary, illegal, unjust and unconstitutional and against the principles of ' -Tiatural justice, consequently set aside the said oral termination orders dated 08-08-2024 of the 6th respondent and direct the respondents to reinstate the petitioners in their services as Sweeper and Night Watchman respectively in the 6th respondent High School and paid the pending salaries. lA NO: 1 OF 2024 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 suspend the oral^ierTnination orders dated 08-08-^0^4 of the Respondent No.6 by continuing the services of the petitioners as Sweeper and Night Watchman respectively in the 6th respondent High School. Counsel for the Petitioner: SRI G JAGADEESWAR Counsel for the Respondent Nos. 1, 3 & 4: GP FOR SERVICES Counsel for the Respondent No.2: GP FOR SERVICES I V- Counsel for the Respondent No.5: GP FOR SERVICES IV The Court made the following: ORDER APHC010444872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY. THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22898/2024 Between: 1.GANGAPATNAM PENCHALAMMA, W/0. G. CHINNABBAIAH, AGE. OCC. SWEEPER, R/0. MAMUDURU VILLAGE, 53 YEARS CHEJARLA MANDAL, SPSR NELLORE DISTRICT. OCC. R/0. MAMUDURU 2.G. CHINNABBAIAH,, S/0. CHINNAIAH, AGE. 69 YEARS NIGHT WATCHMAN (UNDER TERMINATION) VILLAGE, CHEJARLA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL EDUCATION DEPARTMENT, SECRETARIAT, SECRETARY. VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. SPSR NELLORE 3.THE DISTRICT EDUCATIONAL OFFICER, DISTRICT, NELLORE. 4.THE MANDAL EDUCATIONAL OFFICER, CHEJARLA MANDAL, CHEJARLA, SPSR NELLORE DISTRICT. DRDA, CHEJARLA, 5.THE ASSISTANT PROJECT MANAGER, CHEJARLA MANDAL, SPSR NELLORE DISTRICT. -■6.,THE HEAD MASTER, AML ZP HIGH SCHOOL, MAMADURU SRS.J W.P.No.22898 of 2024 ^ VILLAGE, CHEJARLA MANDAL, SPSR NELLORE DISTRICT. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, questioning the action of the Respondent No.6 in passing the oral termination orders dated 08-08-2024, terminating the petitioners from their services as Sweeper and Night Watchman respectively in the Respondent No.6 High School as arbitrary, illegal, unjust and unconstitutional and against the principles of natural justice, consequently set aside the said oral termination orders dated 08-08-2024 of the 6th respondent and direct the respondents to reinstate the petitioners in their services as Sweeper and Night Watchman respectively in the 6th respondent High School and paid the pending salaries and pass lA NO: 1 OF 2024 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 be pleased to suspend the oral termination orders dated 08-08-2024 of Respondent No.6 by continuing the services of the petitioners as Sweeper and Night Watchman respectively in the 6th respondent High School and pass Counsel for the Petitioner(S): 1.G JAGADEESWAR Counsel for the Respondent(S): 1.GP FOR SERVICES III 2.GP FOR SERVICES IV 3.GP FOR SCHOOL EDUCATION 4.GP FOR SERVICES I may the SRS.J W.P.No.22898 of 2024 0 The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent No.6 orally terminating the petitioners from service as Sweeper and Night Watchman, working at AML ZP High School, Mamaduru Village, Chejarla Mandal, SPSR Nellore District, as illegal and arbitrary. 2. Heard Sri G. Jagadeeshwar, learned counsel for the petitioners and Sri Ravi Teja, learned Assistant Government Pleader for School Education appeared for the respondents. 3. Learned counsel for the petitioners would submit that the petitioners were appointed as a Sweeper and Night Watchman in 2016 and 2022, respectively, by the Assistant Project Manager, Society for Elimination of Rural Poverty (SERP) (Velugu), DRDA, Chejarla Village and Mandal, SPSR Nellore District, in respondent No.6 High School. Since, then the petitioners have been discharging duties, without any remarks. Without issuing any the Headmaster terminated the petitioners from service. The ‘ petitioners submitted a representation vide Ex.P1. However, no order has been passed so far. Hence, the writ petition. 4. In the counter affidavit, filed on behalf of respondent No.6, it was contended that two separate notices dated 03.08.2024, were issued to the petitioners. Thereafter, the petitioners stopped attending to their duties. The Parents’ Committee, by a resolution dated 08.08.2024, resolved to dispense with the duties of the petitioners. To meet the exigency, two other personnel appointed. However, the names of two other personnel are not disclosed in the counter affidavit. 5. Thus, as seen from the counter affidavit, two separate show-cause notices dated 03.08.2024, were issued to the petitioners and the petitioners in notice were SRS,J W.P.No.22898 of 20S4 refused to receive the said notices. Thereafter, the Parents’ Committee passed a resolution dated 08.08.2024, recommending dispensing with the duties of the petitioners. However, in pursuance of the said resolution, no order has been passed by the Three Men Committee consisting of the Mandal Educational Officer, the Tahsildar and the Mandal Parishad Development Officer. In fact, order from the three-men committee is mandatory. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission, with the consent of both the learned counsel, directing the petitioners to submit an explanation to the show-cause notices dated 03.08.2024, filed at page Nos.19 and 21 of the counter affidavit, within two (02) week from today. Thereafter, the competent authority shall conduct an inquiry and pass appropriate orders, keeping, in view the guidelines mentioned in G.O.Ms.No.22 School Education (Prog.l) Department, dated 12.03.2021. The competent authority shall complete the enquiry, within one (01) month from today. No order as to costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Velagapudi, Guntur District. 2. The District Collector, SPSR Neflore District, Nellore. 3. The District Educational Officer, SPSR Nellore District, Nellore. ^ NeLre^Disfricf^^^^v°^^' Officer, Chejarla l^andal, Chejarla, SPSR SplRNeHoreOrS' Cheiarl'ST'chejarla Education Department Secretariat; Mandal, MandarSPSRNeil'o)e District'®'' 7. One CC to Sri G Jagadeeswar Advocate [OPUC] 4? 8. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Services III, Hi^ Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for School Educati^, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies TF HIGH COURT DATED:20/02/2025 ORDER of g 0 7 MAR 2025 j ^ Current Section X^espATCtteS^ o WP.No.22898 of 2024 70 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS