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2025 DAILYLAW 36218 (AP)

Shake jareenabee, v. State of Andhra Pradesh,

WP/30962/2024 · 2025-01-06

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010590602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30962/2024 Between: 1. SHAKE JAREENABEE,, C/O NAGARI KHALEEL , AGED ABOUT 36 YEARS, D.NO 1- 17 VENGALAMMACHETUVU VTC VENGALAMMACHETUVU POST PUTTAPARTHI DISTRICT ANDHRAPRADESH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE (ICDS DEPARTMENT),SECRETARIAT, AMARAVATI. 2. THE DISTRICT COLLECTOR/CHAIRMAN, SELECTION COMMITTEE (ICDS) PROJECT, PUTTAPARTHI .DISTRICT, ANDHRA PRADESH. 3. THE PROJECT DIRECTOR, DISTRICT WOMEN AND CHILD DEVELOPMENT AGENCY, PUTTAPARTHI DISTRICT, ANDHRA PRADESH. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, (ICDS DEPARTMENT), PENUGONDA PROJECT, PUTTAPARTHI DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 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 writ or direction more particularly in the nature of Writ of mandamus or any appropriate Writ, order or direction for non considering the SRS,J W.P.No.30962 of 2024 case of the Petitioner for promotion from the post of Anganwadi Helper to Anganwadi Worker vengalammachetuvu, VTC vengalammachetuvu Center, - I C D S Project,. Puttaparthi District without considering the Memo NO.5771/A3/2006 dt.05-01-2012 as illegal, arbitrary and unconstitutional, violation of principles of natural justice and consequently direct the Respondents Authorities to consider the Petitioners case as Anganwadi Worker on promotion basis from Anganwadi Helper and pass such IA NO: 1 OF 2024 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 may be pleased to direct the Respondents to consider the representation of the Petitioner dt.22-01-2022 pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. V SRINIVASULA REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: :: ORDER :: The petitioner, Anganwadi Helper, filed the above writ petition to declare the action of respondent No.2 in not considering his case for promotion to the post of Anganwadi Worker, as illegal and arbitrary. 2. Heard Sri V. Srinivasula Reddy, learned counsel for the petitioner and Sri P. Srinivas, learned Assistant Government Pleader for Women and Child Welfare appeared for respondents. 3. The petitioner was selected and appointed as Anganwadi Helper by proceedings vide No.3/2021, dated 08.01.2021 (Ex.P1). The post of SRS,J W.P.No.30962 of 2024 Anganwadi Worker is vacant. Hence, the petitioner made a representation vide Ex.P2 to respondent No.4. However, the same was not considered. 4. Learned Assistant Government Pleader submitted the instructions of respondent No.4 dated 30.12.2024. In the instructions, it was mentioned that there are three Anganwadi Centers in the village. Out of three, the petitioner alone is qualified. However, certain allegations were raised by the villagers regarding the petitioner’s non-cooperation. In those circumstances, the promotion proposals of the petitioner are pending and after a detailed inquiry, final decision will be taken by respondent No.2. 5. Thus, as seen from the averments in the affidavit and instructions of respondent No.4, there is no doubt that the petitioner is eligible for promotion to the post of Anganwadi Worker. However, the instructions of respondent No.4 would disclose regarding allegations against the petitioner and the promotion proposals of the petitioner will be considered after a detailed inquiry. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondents 2 & 4 to consider the case of the petitioner for promotion to the post of Anganwadi Worker, after completion of the alleged inquiry, if any, as expeditiously as possible, preferably within two (02) months and pass appropriate orders, strictly as per the Rules. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 06.01.2025 TVN SRS,J W.P.No.30962 of 2024 180 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.30962 OF 2024 Date : 06.01.2025 TVN