APHC010016572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 947/2025 Between: Ijjada Srinivasa Rao ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. TANDASA RADHA RANI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: 2 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "….to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action unilateral decision dated 03.09.2024 of 7th and 8th respondents for removal of the petitioner from the service as night Watchman at Zilla Parishad High School, Bejjipuram, Laveru Mandal, Srikakulam District, and thereby compelling the petitioner to give registration and not paying salary to the petitioner as illegal, arbitrary and violation of Principles of Natural Justice and Article 14 and 21 of the Constitution of India and consequently set aside the resolution dated 03.09.2024 and further direct the respondents to continue the petitioner as Night Watchman in Z.P.H.School, Bejjipuram Village, Laveru Mandal, Srikakulam District, and pass such other orders……." 2. The grievance of the petitioner, in brief, in the present Writ Petition is that the petitioner was appointed as Night Watchman for implementing the Mid-day meals Scheme in Zilla Parishad High School, Bejjipuram, Laveru Mandal, Srikakulam District. Thereafter, the 7th and 8th respondents passed a resolution on 03.09.2024 and without considering the services rendered by the petitioner and without giving notice, forwarded the resolution to the 6th respondent for taking necessary action. From then onwards, the respondents pressured the petitioner to give his voluntary resignation and the respondents went extreme in stopping the salary of the petitioner for the last three months. Aggrieved by the same, the present Writ Petition is filed. 3 3. Heard learned counsel for the petitioner and learned counsel for the respondents. 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, which 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 allow the petitioner to continue as Night Watchman in the Mid-day meals program to the aforesaid school. If at all, the respondents are not intending to allow the petitioner to continue as Night Watchman in the Mid-day meals program to the aforesaid school, they should take recourse of law by issuing show cause notice and by passing appropriate orders, after calling explanation and hearing of the petitioners. 4 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 27.01.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.947 of 2025 Date: 27.01.2025 siva