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2025 DAILYLAW 3482 (AP)

MARISE RAMAYAMMA v. THE STATE OF ANDHRA PRADESH

WP/985/2025 · 2025-01-22

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 985 OF 2025 Between: 1. Marise Ramayamma, W/o. Ramulu (late), aged 65 years, R/o. Vengayyammapuram Village, Jaggampeta Mandal, Kakinada District. 2. Appana Suryavathi, W/o. Suribabu, aged about 50 years, R/o. Vengayyammapuram Village, JaggampetaMandal, Kakinada District. ...PETITIONERS 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 Commissioner of School Education, Ibrahimpatnam, Vijayawada, Andhra Pradesh. 3. The District Collector, Kakinada District at Kakinada. 4. The District Educational Officer, Kakinada District, Kakinada. 5. The Director, Mid-Day-Meal and School Sanitation, Vijayawada. 6. The Mandal Educational Officer, Jaggampeta Mandal, Kakinada District. 7. The Mandal Praja Parishad Primary School, Vengayyammapuram. Rep. by its Head Mistress N Hymavathi Vengayyammapuram Village, Jaggampeta Mandal, Kakinada District. 8. The School Management Committee. Mandal Parishad Primary School, Vengayyammapuram, Rep.by its Chairman Ch Varalakshmi, W/o Ganesh, Vengayyammapuram Village, Jaggampeta Mandal, Kakinada 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 nature of writ of Mandamus declaring the action of the Respondent Nos.6 to 8 for not allowing the petitioners to discharge their duties as Cook and Helper in the Respondent No.7 School as illegal, arbitrary, contrary to Proc.Rc.No.27021/MDM-ll/2020 dated, 29-01-2020 issued by the Commissioner of School Education, Andhra Pradesh, devoid of principles of natural justice, and in violation of Articles 14 and 21 of the Constitution of India, and Consequently, direct the Respondent Nos. 6 to 8 to continue the Petitioners to discharge their duties as Cook and Helper in the Respondent No.7 School. lA NO: 1 OF 2025 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 Respondent Nos. 6 to 8 to continue the petitioners to discharge their duties as Cook and Helper in the Respondent No.7 School, pending disposal of the above writ petition. Counsel for the Petitioners : SRI YADAVALLI RAMESH Counsel for the Respondent Nos.1, 2 4 to 6 : GP FOR SCHOOL EDUCATION Counsel for the Respondent No.3 : GP FOR REVENUE Counsel for the Respondent Nos.7 & 8 : NONE APPEARED The Court made the following: ORDER ..V APHC010017122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES [3330] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 985/2025 Between; Marise Ramayamma and another ...PETITIONER(S) AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner(S); 1.YADAVALL1 RAMESH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR SCHOOL EDUCATION The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO A WRIT PETITION N0.985 of 2025 ORDER: I- The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: 1 ‘‘...to issue a writ, order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos.6 to 8 for not allowing the petitioners to discharge their duties as Cook and Helper in the Respondent No.7 School, as illegal, arbitrary, contrary to Proc.Rc.No.27021/MDM-ll/2020 dated, 29-01-2020 issued by the Commissioner of School Education, Andhra Pradesh, devoid of principles of natural justice, and in violation of Articles 14 and 21 of the Constitution of India, and Consequently, direct the Respondent Nos.6 to 8 to continue the Petitioners to discharge their duties as Cook and Helper In the Respondent No. 7 School and to 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 petitioners and learned Government Pleader for School Education appearing on behalf of the respondents. 3. The learned counsel for petitioners 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. 4. Learned Government Pleader does not refute the said submission. for the reasons alike in the aforesaid order, incfined to dispose of the writ petition in ternns of In view of the same, 5. / this Court is 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. of the order dated Registry is directed to attach a copy 24.10.2024 passed in \a;.P.No.24170 of 2024 to this order. 7. miscellaneous petitions pending, if any, shall stand As a sequel closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// pr ^ ' SECTiON OFFICER To 1 The Principal Secretary, School Education Department, f*3*® '' Pradesh, Secretariat Buildings, Velagapudi Village, Thulluru Manda , Amaravati, Andhra Pradesh. 2. The Commissioner of School Education, Ibrahimpatnam, Vijayawada, Andhra Pradesh. District Collector, Kakinada District at Kakinada. 3. The 4. The District Educational Officer. Kakinada District. Kakinada. Mid-Day-Meal and School Sanitation, Vijayawada. Educational Officer, Jaggampeta Mandal, Kakinada 5. The Director, 6. The Mandal District. 7. OneCCto 8. TwoCCsto GPfor [OUT] 9. TwoCCsto GPfor Revenue Sri Yadavalli Ramesh, Advocate [OPUC] School Education, High Court of Andhra Pradesh High Court of Andhra Pradesh. [OUT] lO.Three C.D. Copies. of the order dated.24.010.2024 in W.P. No.24170 of 2024 (Along with copy enclosed herewith)* ' HIGH COURT DATED;22/01/2025 ORDER WP.No.985 of 2025 O 0 H FES 2025 f/X Cuwcnt SmUop ^ DISPOSING THE W.P. WITHOUT COSTS r 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 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24170/2024 [3330] 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.GPFOR REVENUE 2.GP FOR SCHOOL EDUCATION ...RESPONDENT(S) The Court made the following order: f ‘ 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, 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... ” 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, Mutrasupalli Village, Komarole Mandal, Prakasam District in the year 2008. Since then, the petitioner has been discharging her duties without any 3 remarks or complaints from anyone. Thereafter, the Mid Day Meals Committee i.e. 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. 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 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 r A f / ft" 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