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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23195 OF 2024 Between: Sail Chanti, W/o. Tambi Babu, aged 39 years, Working as Mid Day Meal Implementing Agency Zilla Parishad High School, Telaprolu. R/o. Dr.No. 10- 100, Joseph Nagar, Teleprolu Village, Unguturu Mandal, Krishna District. A.P. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi Village, Thulluru Mandal, Amaravati, Andhra Pradesh. 2. The District Collector, Krishna District, Machilipatnam. 3. The District Educational Officer, Krishna District, Machilipatnam. 4. The Tahsildar, Unguturu Mandal, Krishna District. 5. The Mandal Educational Officer, Unguturu Mandal, Prakasam District. 6. The Head Master, Zilla Parishad High School (Z.P.H.S), Telaprolu, Telaprolu Village, Unguturu Mandal, Krishna District. 7. The School Education Committee, Zilla Parishad High School, Telaprolu. Rep.by its Chairman A Pyditalli, Telaprolu Village, Unguturu Mandal, Krishna District,
8. Salluru Jhansi, W/o. Sudhakar, aged about 28 years. Woman, R/o. Joseph Nagar, Telaprolu Village, Unguturu Mandal, Krishna 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 orders more particularly one in the
ft nature of writ of Mandamus declaring the action of the 7^'^ respondent in issuing the proceedings dated 09-09-2024, in terminating the petitioner's Mid-Day-Meal Implementing Agency of Zilla Parishad High School (Z.P.H.S), Telaprolu, Telaprolu Village, Ungutur Mandal, Krishna District, violation of principles of natural justice, contrary to Proc.Rc.No.27021/MDM- II/2020 dated, 29-01-2020, issued by the Commissioner of School Education, Andhra Pradesh, as illegal, arbitrary and also violation of Articles 14 and 21 of the Constitution of India and Consequently direct the respondents to continue the petitioner's Mid-Day- Meal Implementing Agency of Zilla Parishad High School (Z.P.H.S), Telaprolu, Telaprolu Village, Ungutur Mandal, Krishna District, by setting aside the proceedings dated 09-09-2024, issued by the 7**^ respondent.
lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the petitioner's Mid-Day- Meal Implementing Agency of Zilla Parishad High School (Z.P.H.S), Telaprolu, Telaprolu Village, Ungutur Mandal, Krishna District, by suspending the proceedings dated 09-09-2024, issued by the 7 respondent, pending disposal of the above writ petition. th lA NO: 1 OF 2025 Between:
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi Village, Thulluru Mandal, Amaravati, Andhra Pradesh. 2. The District Collector, Krishna District, Machilipatnam. 3. The District Educational Officer, Krishna District, Machilipatnam. 4. The Tahsildar, Unguturu Mandal, Krishna District. The Mandal Educational Officer, Unguturu Mandal, Prakasam District. The Head Master, Zilla Parishad High School (Z.P.H.S), Telaprolu, Telaprolu Village, Unguturu Mandal, Krishna District. ...PETITIONERS/RESPONDENTS AND
1. Sali Chanti, W/o. Tambi Babu, aged 39 years, Working as Mid Day Meal Implementing Agency Zilla Parishad High School, Telaprolu. R/o. Dr.No. 10-100, Joseph Nagar, Teleprolu Village, Unguturu Mandal, Krishna District. A.P. ...RESPONDENT/PETITIONER
2. The School Education Committee, Zilla Parishad High School, Telaprolu. Rep.by its Chairman A Pyditalli, Telaprolu Village, Unguturu Mandal, Krishna District, Salluru Jhansi, W/o. Sudhakar, aged about 28 years. Woman, R/o. Joseph Nagar, Telaprolu Village, Unguturu Mandal, Krishna District. 3. ...RESPONDENT/RESPONDENT (None appeared) 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 vacate the WP No.23195 of 2024. Counsel for the Petitioner : SRI YADAVALLI RAMESH Counsel for the Respondent Nos.1,3, 5 to 7 : GP FOR SCHOOL EDUCATION Counsel for the Respondent Nos.2 & 4 : GP FOR REVENUE Counsel for the Respondent No.8 : SRI PAMARTHY RATHNAKAR The Court made the following: ORDER
APHC010451842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY. THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23195/2024 Between: ...PETITIONER Sali Chanti AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner:
1.YADAVALLI RAMESH Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR SCHOOL EDUCATION 3.PAMARTHY RATHNAKAR The Court made the following order:
k 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.23195 of 202f4
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief;
“...to issue a writ, order or orders more particularly one in the nature of writ of Mandamus declaring the action of the 7^^ respondent in issuing the proceedings dated 09.09.2024 in terminating the petitioner’s Mid-Day-Meal Implementing Agency of Zilla Parishad High School (Z.P.H.S) Telaprolu, Telaprolu Village, Ungutur Mandal, Krishna District, violation of principles of natural justice, contrary to Proc.Rc.No.27021/MDM-ll/2020 dated, 29-01-2020 Issued by the Commissioner of School Education, Andhra Pradesh, as illegal, arbitrary and also violation of Articles 14 and 21 of the Constitution of India, and Consequently, direct the respondents to continue the petitioner’s Mid-Day-Meal Implementing Agency, by setting aside the proceedings, dated 09.09.2024 issued by the 7^^ respondent and pass such other
order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. ’’
2. Heard Sri Yadavalli Ramesh, learned counsel for the petitioner and learned Government Pleader for School Education appearing behalf of the respondents. on The
learned counsel for petitioner submits that the subject 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.
3.
4. Learned Government Pleader does not refute the said submission.
3 In view of the same, for the reasons alike in the aforesaid order,
5. this Court is inclined to dispose of the writ petition in terms of 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
7. 24.10.2024 passed in W.P.No.24170 of 2024 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand Sd/-SHAIK MOHD RAFI ASSISTANT REGISTRAR closed.
//TRUE COPY// CWN^FFICER SE To,
1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Thulluru Mandal, Amaravati, Andhra Pradesh.
2. The District Collector, Krishna District, Machilipatnam.
3. The District Educational Officer, Krishna District, Machilipatnam.
4. The Tahsildar, Unguturu Mandal, Krishna District.
5. The Mandal Educational Officer, Unguturu Mandal, Prakasam District.
6. The Head Master, Zilla Parishad High School (Z.P.H.S), Telaprolu, Telaprolu Village, Unguturu Mandal, Krishna District.
7. The School Education Committee, Zilla Parishad High School, Telaprolu. Rep.by its Chairman A. Pyditalli, Telaprolu Village, Unguturu Mandal, Krishna District.
8. One CC to Sri Yadavalli Ramesh, Advocate [OPUC]
9. Two CCs to GP for School Education, High Court Of Andhra Pradesh. [OUT] 10.Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
11. One CC to Sri Pamarthy Rathnakar, Advocate (OPUC)
12. Three C.D. Copies. (Along with copy of the order dated.24.10.2024 in W.P. No.24170 of 2024 enclosed herewith)*
HIGH COURT CNR DATED: 11/02/2025 13 FEB 2025 ^ , Current Section ^^SPATCV'lEjr
ORDER WP.No.23195 of 2024 DISPOSING OF 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 Counsel for the Petitioner:
1.SUBBA RAO JANDHYAM Counsel for the Respondent{S):
1.GP FOR REVENUE 2.GP FOR SCHOOL EDUCATION ...RESPONDENT(S) The Court made the following order:
2 M THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO ' WRIT PETITION NO: 24170 of 2024 It
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 1 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... ” 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
2. Tf \ 3 remarks or complaints from anyone. Thereafter, the Mid Day Meals 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. Committee i.e. Heard learned counsel for the petitioner and learned counsel for
3. the respondents. 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. 4. 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
5. 4 / issuing show cause notice and by passing appropriate orders, after calling explanation and hearing of the petitioner. Accordingly, the Writ Petition is disposed of. There shall be no
6.
order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
JUSTICE TARLADA RAJASEKHAR RAO Date : 24.10.2024 SPP