IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY .. TWO THOUSAND AND TWENTY FIVE is PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 33796 OF 2022 Between: G.Sampath, S/o.Ramkristappa, Age. 25 years, Occ. Supervisor at KIA Motors, R/o.#1-223, Dandepalli Village, Nalleru Post, Roddam Mandal, Ananthapur District, Andhra Pradesh-515 124. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Women Development and Child Welfare, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Project Director, Women Development and Child Welfare, Chalasani Nagar, Kanur, Vijayawada, Krishna District, Andhra Pradesh- 520 007. 3. The District Collector-cum-Chair Person, District Women and Child Welfare Agency (DW and CDA), Ananthapur District, Ananthapur, Andhra Pradesh. 4. The District Project Officer, District Women and Child Welfare Agency (DW and CDA), Ananthapur District, Ananthapur, Andhra Pradesh. 5. The Child Development Project Officer, Integrated Child Development Service (ICDS), Penukonda project, Penukonda Mandal, Ananthapur District, Andhra Pradesh. 6. M.B.Alivelamma, W/o.Anjinappa, Age. 37 years, Occ. Anganwadi Teacher, 2-202, Honnampalli Village, Parigi Post and Mandal, Ananthapur District, Andhra Pradesh ...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 a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus - i. declaring the action of the respondent nos.1 to 5 in not proceeding further against the 6th respondent pursuant to the show cause notices of removal dt. 18-12-2019 issued by the respondent on the pretext of attempting to commit suicide by the 6th respondent as illegal, arbitrary, discriminative, extraneous considerations, opposed to the 'doctrine of legitimate expectation' and spirit of public employment besides violative of Arts.14 and16 of the Constitution of India, and ii. Consequently, direct the respondent nos.1 to 5 to proceed further against the 6th respondent pursuant to the show cause notices of removal dt. 18-12-2019 issued by the 5th respondent. may 5th lA NO: 1 OF 2022 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 direct the respondent nos.1 to 5 to proceed further against the 6th respondent pursuant to the show cause notices of removal dt.18-12- 2019 issued by the 5th respondent. Counsel for the Petitioner: M/S. PRIYANKA SONKAMBLE Counsel for the Respondent Nos. 1 to 5: GP FOR WOMEN WELFARE Counsel for the Respondent No.6: SRI P NARAHARI BABU The Court made the following order: DEV CHILD 1 APHC010468772022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY .THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 33796/2022 Between: G.sampath ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PRIYANKA SONKAMBLE Counsel for the Respondent(S): 1.GP FOR WOMEN DEV CHILD WELFARE 2.P NARAHARI BABU 3.GP FOR SERVICES II The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief: “. to issue a writ or order orders or directions more particuiariy one in the nature of Writ of Mandamus (i) deciaring the action of the respondent nos 1 to 5 in not proceeding further against the 6th respondent pursuant to the show cause notices of removai dt 18.12.2019 issued by the 5th respondent on the pretext of attempting to commit suicide by the 6th respondent as iilegai arbitrary discriminative extraneous considerations opposed to the doctrine of iegitimate expectation and spirit of public employment besides violative of Arts 14 and16 of the Constitution of India and (ii) w % ^ Consequently direct the respondent nos 1 to 5 to proceed further against the 6th respondent pursuant to the show cause notices of removal dt 18.12.2019 issued by the 5th respondent and pass 2. The grievance of the petitioner is that on 13-07-2019, he made an appeal through SPANDANA to the 4th respondent seeking to remove the 6th respondent from services as Anganwadi Teacher who is not a local married woman and belongs to Honnampalli Village, Parigi Mandal and not to Dandepalli Village, Roddam mandal and further requested to appoint local married woman to that post. Basing on that enquiry report, the 4th respondent issued a Show Cause Notice of removal vide MEMO.No.1582/B/19 dated 23-09-2019 seeking explanation from the 6th respondent within three (3) days. But, the 6th respondent did not choose to submit any explanation till now. Again on 18-12-2019, the 5th respondent issued a show cause notice of removal vide No.1582/B/2019 seeking the 6th respondent to submit explanation within 15 days of receipt of this memo for not giving any explanation to the earlier memos issued by the higher officers regarding why her name shall not be referred to the higher authorities for removal from services. Thereafter, the 6‘^ respondent instead of giving explanation to the Memo No. 1582/8/2019 dt. 18-12-2019, to escape from the dutches of law she hatched a novel plan of attempting to commit suicide by having pain killers. Thereafter, on 20-12-2019, i.e., just within two days of getting show cause notice of removal from the 5‘^ respondent she took pain killers and attempted to commit suicide and implicated the petitioner in falsely in a crime and F.I.R. No. 136/2019 dt.24-12-2012 u/s.506, 306 r/w511 IPC, 3(1 )(s) of SCs & STs i 3 (Prohibition of Atrocities) Act, 1989 got registered against the petitioner, it is th stated that just because the petitioner is proceeding legally against the 6 respondent's illegal appointment and the irregularities done by her as a Anganwadi Teacher, she filed a case against him. But, the respondent Nos.1 to 5 instead of removing the 6**^ respondent from services as Anganwadi Teacher they have been continuing her illegally just because she attempted to commit suicide that too taking pain killers. But the respondent nos.1 to 5 not following the guidelines and not even issuing notification illegally appointed the 6**^ respondent to the post of Anganwadi Teacher on 27-04-2013 vide Questioning the same, the present writ Proceedings No.07/ICDS/2013. petition came to be filed. 3. Heard Sri Peeta Raman, learned counsel representing Ms. Priyanka I Sonkamble, learned counsel for the petitioner(s), who appeared virtually ( through video conferencing and also learned counsel for the respondents. 4. On hearing, learned counsel appearing for the petitioner while reiterating the contents made in the petition, prayed to pass appropriate orders. 5. Per contra, learned Government Pleader for the official respondents sought one week time for getting instructions. However, her request is not considered. 6. As seen from the counter affidavit filed by the 4**^ respondent. Wherein, at para-11, it is observed that, it is proved that, the 6**^ respondent 4 has submitted the fake residential certificates before the District Selection Committee for recruitment of Anganwadi Workers & AW Helpers in Anantapuramu district and she got the Anganwadi Worker post, it is violation of recruitment procedure, hence same to be placed before the District Selection Committee for initiating suitable action against the 6*^ respondent. 7. Recording the above, this Court feels that, nothing survives in the present writ petition for further adjudication and the same is liable to be closed. 8. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR / //TRUE COPY// E.SECfibN OFFICER To 1. One CC to M/s Priyanka Sonkamble Advocate [OPUC] 2. One CC to Sri P Narahari Babu Advocate [OPUC] 3. Two CCs to GP For Women dev Child Welfare, High Court Of Andhra Pradesh. [OUT] 4. Three CD Copies GSC HIGH COURT DATED:21/02/2025 ORDER WP.No.33796 of 2022 ^ 2 8 ?n?5 ^ ^ . Curreni Section CLOSING OF THE WP WITHOUT COSTS