1 APHC010534112018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25179/2018 Between: M.saradamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRAVAN KUMAR MANNAVA Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE(AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25179 of 2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ Order or orders Direction or Direction more one in the nature of writ of mandamus declaring the action of the 5th respondent in suspending the petitioner from service as a Anganwadi Helper by letter November 6/C D.P.O/2017 dated 24.02.2018 as illegal, arbitrary and unconstitutional and contrary to the law laid down by the Hon’ble Apex Court and consequently direct the respondents to continue the petitioner service and discharge her duties …” 2. Heard Sri M. Sravan Kumar, learned counsel for the petitioner and learned Government Pleader for Women and Child Welfare department for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner worked as Anganwadi Helper and she was appointed on 09.03.2016. She was terminated from service by issuing show cause notice without giving an opportunity to her to submit her explanation. The petitioner preferred Writ Petition in W.P.No. 41413 of 2017, that was disposed on 18.12.2017, directing the respondents to consider the representation of the petitioner and pass appropriate orders. Even thereafter, show cause notice has been issued, she has submitted her explanation and without conducting any enquiry, she was terminated from her services. Learned Counsel would further submit that without conducting any enquiry, one cannot be terminated from services. To buttress his contention, learned Counsel placed reliance on the Judgment of the Co-ordinate Bench of this Court in M. Rama Devi vs. The State of 3 Andhra Pradesh and others in W.P.No.23504 of 2021 dated 23.01.2025 wherein learned Judge after considering the contentions of the petitioners observed that it is a case of violation of principles of natural justice, remanded the matter to the authorities to conduct fresh enquiry and pass appropriate reasoned order in accordance with law. 4. Learned Government Pleader would submit that the Judgment relied upon by the petitioner is clearly distinguishable in the present case since the respondent authorities have conducted enquiry and after considering the explanation which is submitted by the petitioner only, after getting approval from the District Selection Committee, the services of the petitioner as Anganwadi Helper are terminated. Learned Government Pleader would further submit that the petitioner’s unauthorized absence for 53 days caused much inconvenience and hardship to the Anganwadi worker to run the center which goes to the very root of the case. Learned Government Pleader would further submit that a fair opportunity is given to the petitioner to give her explanation but her explanation was found to be not genuine and the authorities enquired the parents and people in the vicinity and also verified the material, examined the persons and came to the conclusion that the petitioner unauthorizedly absent from the duties for 53 days without any permission or approval of her leave. Learned Government Pleader would further submit that this termination was on 24.02.2018 vide proceedings issued by the respondent No.4. Now some third party is working as Anganwadi Helper in the said place. Learned Government Pleader would finally submit that there are no grounds to 4 interfere in the impunged order. Accordingly, prays for dismissal of the petition. 5. As can be seen from the prayer of the Writ Petition, the petitioner is seeking declaration that the action of the respondent No.5 in suspending her from service as Anganwadi Helper vide orders dated 24.02.2018 is illegal and direction may be given to the respondents to continue her in service to discharge her duties. A cursory look at the impugned order dated 24.02.2018 would show that the services of the petitioner are removed in pursuance of G.O.Ms.No.42. WD & CW (ICDS) Dept., dated 21.11.2008 since the individual is not attending the duty from June, 2017 without any permission. There is no dispute about the fact that the petitioner was appointed as Anganwadi Helper and started working as such since 09.03.2016. Earlier, she preferred a writ petition in W.P.No. 41413 of 2017 assailing her termination order on the ground that she was not provided an opportunity to submit her explanation. The Writ Petition was disposed with a direction to the respondents to consider her explanation and pass appropriate order. Thereafter, show cause notice has been issued to the petitioner dated 23.12.2017 and the petitioner has submitted her explanation. 6. The impugned order would reveal that without giving any explanation to the allegations which were raised in the show cause notice, the petitioner has made counter allegations on Anganwadi worker, whereas in the enquiry conducted by Additional CPDO, Maddunuru and Sector Supervisor, Tallaproduturu Sector, the authorities found that the allegations made against 5 the Anganwadi Worker to be false. There is no material in the contentions that without conducting enquiry, the petitioner was removed from service. The impugned order would show that the Supervisor has inspected the Anganwadi Center at Serigepalli and found that the petitioner has not attended duty without any prior permission. The incharge Supervisor, Tallaprodutur Sector was informed on 30.06.2017 that the petitioner is not attending the duties from June, 2017. Thereafter, the Sector Supervisor inspected the Anganwadi Center on 08.09.2017 and also on 27.10.2017. During the said dates also, the petitioner was absent and it came to their notice that the individual is not attending the duties from June, 2017. 7. The record further shows that three notices were issued to the petitioner, her explanation would show that she was attending duties regularly but the officials did not visit the Anganwadi Center for verification. The Sector Supervisor after conducting enquiry at the center and the village and understood that the petitioner is continuously absent from June, 2017 and not bringing children to the center or preparing food and Anganwadi Worker Smt. S.Annapurneswari is only attending the work. Needless to say that when the Anganwadi Center consisting two Staff, one Anganwadi Worker and one Anganwadi Helper, it definitely causes hardship to the beneficiaries who are small children and the pregnant women. Consequently, her honorarium is stopped. It is pertinent to mention that in pursuance of G.O.Ms.No.42. WD & CW (ICDS) Dept., dated 21.11.2008, if any Anganwadi staff found to be unauthorizedly absent, there will be a deduction in their honorarium, if such 6 absence is recorded for 5 consecutive days or 3 separate instances, their services are liable for termination by following the prescribed procedure by issuing show cause notice with atleast 10 days notice. In the present case, the respondents have followed the said procedure and issued three (3) notices, her explanation is not satisfactory, they have rightly terminated her services. Nothing is there to interfere in the impugned order. 8. In the result, the Writ petition is dismissed. No order as to costs. Pending applications, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 08.04.2025 UPS 7 44 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25179 of 2018 Dated.08.04.2025 UPS