APHC010752162018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36459/2018 Between: 1. G. SUVARTHA, W/O. VELAGAPLLI RAJESH, AGED ABOUT 44 YEARS, R/O. HARIJANA PETA, KAGUPADU, UNGUTURU MANDAL. WEST GODAVARI DISTRICT (A.P.) PIN. 534 411. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, DEPARTMENT OF WOMEN, CHILDREN, DISABLED AND SENIOR CITIZENS, GROUND FLOOR, A. P. SECRETARIAT, OFFICE, VELGAPUDI. PIN. 522 503. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, CHAIRMAN, ANGANWADI WORKERS APPOINTMENTS AND REMOVAL, WEST GODAVARI DISTRICT, ELURU. PIN. 534 001. 3. THE PROJECT DIRECTOR, DISTRICT WOMEN AND CHILD DEVELOPMENT AGENCY, WEST GODAVARI DISTRICT, ELURU. PIN. 534 001. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, INTEGRATE CHILD DEVELOPMENT SCHEME PROJECT, NALLAJERLA, WEST GODAVARI DISTRICT. PIN. 534 112. ...RESPONDENT(S): Counsel for the Petitioner: 1. M V SUBBA REDDY Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE(AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... a Writ of Mandamus, declaring the action of the respondent No.2 in removing me from the post of Anganwadi Worker, Anganwadi Centre, Code No.236, Kagupadu, Badampudi Sector, I.C.D.S. Project, Nallajerla, West Godavari District as illegal, arbitrary, without application of mind and violating my Right to Livelihood and contrary to Right to life and personal liberty guaranteed under Article 21 of the Constitution of India by setting set aside the Order No.1440052/A1/18 issued by Respondent No.2 herein and direct the Respondent No.2 herein to reinstate me to the post of Anganwadi Worker, Anganwadi Centre, Code No.236, Kagupadu, Badampudi Sector, I.C.D.S. Project, Nallajerla, West Godavari District.” 2. Heard Sri M.V.Subba Reddy, learned counsel for the Petitioner and the learned Assistant Government Pleader for Women Development and Child Welfare. 3. Learned counsel for the Petitioner would submit that, due to an unfortunate incident of death of a small boy, the Petitioner was removed from services. Learned counsel would further submit that the Petitioner never faced any complaint on any aspect. It is submitted that Anganwadi Helper is available in the Centre, whose primary duty is to take care of the kids. Learned counsel has placed the duties of Anganwadi Worker and Anganwadi Helper, on record. Learned counsel would finally submit that, an opportunity may be given to the Petitioner to work as Anganwadi Worker because she lost her employment due to the unfortunate incident. 4. Learned Assistant Government Pleader for Women Development and Child Welfare would submit that, because of the death of the child, by fixing responsibility on the Anganwadi Worker as well as Anganwadi Helper, they were removed from services. It is further submitted that one Tadiparthi Uma was appointed as Anganwadi Worker in the place of the Petitioner. 3 5. Learned counsel for the Petitioner, in reply, would submit that, in the light of the interim order dated 10.10.2018 passed by this Court, if any appointment is made in the place of the Petitioner, the same is subject to result of the present writ petition. 6. Learned Assistant Government Pleader would further submit that, Court may pass appropriate orders in the light of the duties assigned to the Anganwadi Worker. 7. Considering the submissions made and a fair look at the material on record, especially the explanation which was submitted by the Petitioner, would show the works that were discharged by the Petitioner on the given date with minute details. There is no dispute about the duties which were assigned to the Anganwadi Worker and Anganwadi Helper. The explanation of the individual shows that duties which she has attended on the given day. For quick reference, the explanation is extracted infra. “As Anganwadi Worker, Kagupadu-I, I mark my attendance by way of biometrics and visit the village. My responsibilities include visiting the village for the purpose of ensuring that pregnant women, lactating mothers and children Take Home Ration (THR) on the 1st day of everymonth. I also visit households to register the weight and height of children. As 01.08.2018 was the first Wednesday of the month, I ensured that vaccinations were administered in the Sub- Centre. After meals, sports andnutrition programme was held between 3.00 pm., to 5.00 p.m. After some rest, sports competition was held for children between 1.00 p.m., to 2.00 p.m. From 02.00 p.m., the weight of each child was registered in the Weight Register after measuring their weight. The height and weight of Samarthapattapu S.M.S.Sai was also registered in the register after measuring his weight and height. A perusal of the register would reveal the same. (The particulars are entered at Sl.No.50). The particulars in the said Register were later uploaded in C.A.S App in cell phone. The time of uploading the same would be 4 evident if the C.A.S Mobile Date is verified. While I was attending to the said work, students belonging to M.P.P School came to shouting to me and informed me that Sai could not be found anywhere. Immediately I stopped uploading of C.A.S.Mobile Data and started searching for Sai. The boy could not be found anywhere. Immediately, I informed the same to Head Master. He immediately rushed to the father of the boy on his bike and enquired about Sai. His parents informed him that Sai did not return home. Again we started searching for the boy. The parents of Sai, Master and villagers were present along with me. The boy was found in a canal near Anganwadi Centre. We took out the boy and immediately rushed him to P.H.C. Centre nearby. The doctor at P.H.C after examining the boy declared him dead. These facts would be evidence if an enquiry is conducted.” 8. In the light of the explanation submitted by the Petitioner and also the primary duties which were assigned to Anganwadi Worker, in the absence of any other complaint against the Petitioner, treating the said incident as a mishap, the Petitioner may be given an opportunity to work as Anganwadi Worker. 9. In that view, the Writ Petition is allowed. The impugned order of removal of the Petitioner as Anganwadi Worker is set aside. The Respondent Authorities are directed to reinstate the Petitioner into services as Anganwadi Worker, within a period of one month from the date of receipt of copy of this order. Respondent Authorities are also directed to accommodate Tadiparthi Uma in any suitable post according to governing Rules and Law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:17.04.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.36459 of 2018 Dt.17.04.2025 Dinesh