IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27813 OF 2024 Between: 1. Godaba Pravathi, W/o Krishn Dora, aged 44 years, working as School Sweeper-cum-Sanitaion Worker-cum-Aaya in Mandal Parishad Primary School, ARASADA, R/o Balajipeta, Chakali Veedhi, Balijipeta Mandal, Viziangaram District. 2. Smt. Kottisa Kalavathi, W/o Suryanarayana Dora, aged 54 years working as Cook-Cum-Helper in Mandal Parishad Primary School ARASADA, R/o Market Street, Balijipeta Mandal, Viziangaram District Presently Paravathipura Manyam District. Erst while ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The District Collector, Erstwhile Vizianagaram District, Vizianagaram, Presently Paravathipura Manyam District. 3. The District Educational Officer, Erstwhile Vizianagaram District, Presently Paravathipura Manyam District. 4. The Mandal Educational Officer, Balaijipeta Mandal, Erstwhile Vizianagaram Presently Paravathipura Manyam District. 5. The Head Master, Mandal Parishad Primary School, ARASADA, Balijipeta Mandal, Erstwhile Vizianagaram Presently Paravathipura Manyam District. 4 6. The Parents Committee, Rep by its Chairman Primary School, ARASADA, Balijipeta Mandal, District. 7. The Andhra Pradesh Corporation for Out-Sourced rep by its Chairperson, 2"" Fioor, NTR Administrative Nehru Bus Station, Krishnaianka, Vijayawada Pradesh - 520002 Mandal Parishad Paravathipura Manyam Service(APCOS), - Building, Pandit , Krishna District, Andhra ...RESPONDENTS Petition under Articie 226 of the Constitution of india praying that in the crcumstances stated in the affidavit fiied therewith, the High Court be pieased to issue a writ, order or direction more Mandamus declaring the may in the nature of action respondents particularly the 4 respondents in directed orally not attending duty the Petitioners to 6 from 01-12-2024 onwards as School Sweeper-cum-Sanitation Worker-cum-Aaya and Cook-Cum-Helper ARASADA, Balijipeta Mandal respectively in Mandal Parishad Primary School, presently Erstwhile Viziangaram District Paravathipura Manyam District i Resolution dated 29-10-2024 i Fundamental Rights under Articles India and violation of the vide G.O.Ms.No. 136, 04-11-2019 Manpower under in pursuance of the 6th respondent IS illegal, arbitrary, violation of Principal 311 (2), 14 and 16 of the Constitution of of G.O. Ms. No. 126, dated 18-10-2019 and and guidelines for engaging Out-Soured Memo No.GADOI- Guidelines vide SUOMIC/31/2019-SU-I, dated 20-11-2029. Circular LA NO: 1 OF ?n9A Petition under Section 151 CPC praying that in the circumstances in support of the petition, the High Court stated in the affidavit filed i pleased to direct the may be as School respondents Continue the Petitioners Sweeper-cum-Sanitation Worker - cum-Aaya, Cook-cum-Helper respectively I, ARASADA, Balijipeta Mandal Erstwhile presently Paravathipura Manyam District in Mandal Parishad Primary School Viziangaram District in the 5*^ respondent School from 01-12-2024 dated 29-10-2024 of the 6‘^ petition. Counsel for the Petitioners: SRI G. SIMHADRI Counsel for the Respondent Nos.1 to 6: Counsel for the Respondent No.7; SRI K. BHEEMA The Court made the following: ORDER onwards suspending the Resolution respondent pending disposal of the above writ GP FOR SCHOOL EDUCATION RAO, SC FOR APCOS APHC010537412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27813/2024 Between: Godaba Pravathi and another ...PETITIONER{S) AND The State of Andhra Pradesh and others Counsel for the Petitioner(S): 1.G SIMHADRI Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION ...RESPONDENT(S) The Court made the following order: R 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO.27813 of 2024 RAO ■T) 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 direction more in the nature of Mandamus declaring the action respondents particularly the 4 to 6'^ respondents in directed orally not attending duty from 12-2024 onwards the Petitioners th 01- as School Sweeper-cum- Sanitation Worker-cum-Aaya and Cook-Cum-Helper respectively in Mandal Parishad Primary School, Arasada, Balijipeta Mandal Erstwhile Vizianagaram District presently Paravathipuram Manyam District in pursuance of the 6^^ respondent Resolution dated 29-10-2024 is illegal, arbitrary, violation of Principal of Fundamental Rights under Articles 311 (2), 14 and 16 of the Constitution of India and violation of the vide G.O. Ms. No. 126, dated 18-10-2019 and G.O.Ms.No.136, guidelines for 04-11-2019 and engaging Out-Sourced Manpower under Guidelines vide Circular Memo No.GAD01-SUOMIC/31/2019- SU-I, dated 20-11-2029 and to pass such other order or orders... 2. Heard Sri G.Simhadri, learned counsel for the learned Government Pleader for School Education behalf of the respondents. petitioner and appearing on 3. 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. 'W .r- r 3 Learned Government Pleader does not refute the said 4. r submission. 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. 7. Registry is directed to attach a copy of the order dated 24.10.2024 passed in W.P.No.24170 of 2024 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// / SE OFFICER To, The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The District Collector, Erstwhile Vizianagaram District, Vizianagaram, Presently Paravathipura Manyam District. The District Educational Officer, Erstwhile Vizianagaram District, Presently Paravathipura Manyam District. The Mandal Educational Officer, Balaijipeta Mandal, Erstwhile Vizianagaram Presently Paravathipura Manyam District. The Head Master, Mandal Parishad Primary School, ARASADA, Balijipeta Mandal, Erstwhile Vizianagaram Presently Paravathipura Manyam District. 1. 2. 3. 4. 5. 6. The Parents Committee, Rep by its Chairman, Mandal Parishad Primary School, ARASADA, Balijipeta Mandal, Paravathipura Manyam District. 7. The Chairperson, Andhra Pradesh Corporation for Out-Sourced Service(APCOS), 2"'^ Floor, NTR Administrative Building, Pandit Nehru Bus Station, Krishnalanka, Vijayawada, Krishna District, Andhra Pradesh - 520002 8. One CC to Sri G. Simhadri, Advocate [OPUC] 9. One CC to Sri K. Bheema Rao, SC for APCOS[OPUC] 10. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. (Along with a copy of the order dated 24.10.2024 in W.P.No.24170 of 2024 to this order) r ssb HIGH COURT DATED:08/01/2025 ORDER 2 9 JAN 2:?j ^ Current Section 1 WP.No.27813 of 2024 I/a: Co o, .r. f*A' * DISPOSING OF THE W.P. WITHOUT COSTS A APHC010466302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR QMS [3330] 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 ...RESPONDENT(S) Counsel for the Petitioner: 1.SUBBA RAO JANDHYAM Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR SCHOOL EDUCATION The Court made the following order: n 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24170 of 2024 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 7 and 8 thereby terminated the petitioner as Mid Day Meals Cooking Helper working in Mandal Praja Parishad Government School, Mutrasupalll 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, Mutrasupalll 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... ” 2. 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, Mutrasupalll Village, Komarole Mandal, Prakasam District in the year 2008. Since then, the petitioner has been discharging her duties without any V 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. / 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, 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. 5. 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 respondentsare not intending to continue the petitioner as Mid Day Meals Cooking Helper to the aforesaid school, they should take recourse of law by 4 issuing show cause notice and by passing appropriate orders, after calling explanation and hearing of the petitioner. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. JUSTICE TARLADA RAJASEKHAR RAO Date : 24.10.2024 SPP