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2025 DAILYLAW 39191 (AP)

Smt. Sriram Sumalatha v. The State of Andhra Pradesh

WP/40605/2018 · 2025-06-18

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010834562018 IN THE HIGH COURT OF ANDHRA PRADESH r AT AMARAVATI (Special Original Jurisdiction) 0^ THURSDAY. THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4Q6Q5/?ni« ^ Between: 1.Smt. Sriram Sumalatha, w/o. Chinna Malyadri, aged about 28 Occ; unemployee R/o. Jirravaripalem, kaligiri, nellore district. 2.Smt. Sriram Kamala, W/o Rajinikanth, Aged About 32 Years, Occ: Unemployee R/o Jirravaripalem, Kaligiri, Nellore District years ...PETITIONERS ^ AND 1. TheStateofAndhraPradesh, Rep By Its PrI. Secretary, Department Of Education, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State Project Director, Sarva Shiksha Abhiyan Amaravathi, Guntur District. ^ 3. The Collector, SPSR Nellore District, Nellore. Office^ Shiksha Abhiyan, O/o. District Education 5. The Special Officer, Kasturba Gandhi Balika Vidyalaya School, Kaligiri V & M, SPSR Nellore District. Velagapudi, Near Model ...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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the terminating the service of the petitioners respondents in as outsourcing cooks in KGB Vidyalalyam, Kaligiri, SPSR Nellore district, in Sarva Sikhsa Abhiyan (SSA) program and replacing them others is highly illegal, arbitrary and unreasonable and discriminatory and set-aside the same, consequently direct the respondents to reinstate petitioners’ employment, with all consequential benefits. lA NO: 1 OF 2018 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 to direct the respondents to reinstate petitioners as outsourcing cooks in KGB Vidyalalyam, Kaligiri, SPSR Nellore district, in Sarva Sikhsa Abhiyan (SSA) program, pending disposal of the main writ petition. / Counsel for the Petitioner: SRI BOLLA VENKATA RAMA RAO Counsel for the Respondent Nos. 1 & 3: GP FOR EDUCATION Counsel for the Respondent No.4: SMT. REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA) Counsel for the Respondent No.2: M/S. VAKA KRANTHI SRI The Court made the following: ORDER APHC010834562018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40605/2018 Between: Smt. Sriram Sumalatha and others ...PETITIONER(S) AND The State of Andhra Pradesh and others Counsel for the Petltioner{S): 1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) 2.REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA) 3.VAKA KRANTHI SRI ...RESPONDENT(S) The Court made the following order: 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 direction, more particuiarly one in the nature of Writ of Mandamus, declaring the action of the respondents in terminating the service of the petitioners as outsourcing cooks in KGB Vidyalalyam, Kaligiri SPSR Neilore district, in Sarva Sikhsa Abhiyan (SSA) program and replacing them others is highly illegal, arbitrary and unreasonable and discriminatory and setaside the same, consequently direct the respondents to reinstate petitioners’ employment, with all consequential benefits and pass ..." k 2 2. Heard Sri Bella Venkata Rama Rao, learned counsel for the petitioners. Learned counsel would submit that petitioners worked from 08.11.2017 to 22.11.2017 as cooks in the office of respondent No.5. In fact, they asked to submit their documents to respondent No.5. Respondent No.5 demanded some amount from the petitioners as they failed to oblige their demand they could not protect their employment. They were removed stating that no posts are available. Learned counsel would further submit that they have obtained information under RTI which clearly shows that four (04) vacancies of cooks are available in the school of respondent No.5. Learned counsel would submit that Court may pass appropriate orders giving opportunity to the petitioners to work as cooks in the institute of respondent No.5. 3. were an 4. Learned Government Pleader for Education and learned Standing Counsel for Samagra Shiksha Abhiyan are in attendance. Learned Standing Counsel would submit that no further orders are required in this matter, since the petitioners were removed after working for 15 days. Now with the introduction to APCOS (Andhra Pradesh Corporation for Outsourced Services) through which outsourcing employees can be taken, petition may be disposed of. 5. Learned counsel for the petitioners would submit that petitioners may be given liberty to submit a representation to respondent authorities and a direction may be given to consider their representation in a sympathetical way. 6. 3 Considering the submissions made in the interests of justice, the 7. petition is disposed of. However, petitioners are at liberty to submit their representation to the respondent authorities. In case of such representations received, respondent authorities are directed to pass appropriate orders according to governing rules and law. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// // SECTION OFFICER To 1. The Principal Secretary, Department of Education, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State Project Director, Sarva Shiksha Abhiyan Velagapudi, Amaravathi, Guntur District. 3. The Collector, SPSR Nellore District, Nellore. 4. The Project Officer, Sarva Shiksha Abhiyan, O/o. District Education Office, Nellore. 5. The Special Officer, Kasturba Gandhi Balika Vidyalaya Near Model School, Kaligiri V And M SPSR Nellore District 6. One CC to Sri Bolla Venkata Rama Rao, Advocate [OPUC] 7. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT] 8. One CC to Smt. Revanuru Sudha Rani (SC for Samagra Shiksha), Advocate [OPUC] 9. One CC to M/s. Vaka Kranthi Sri, Advocate [OPUC] 10. Three CD Copies TF HIGH COURT DATED: 19/06/2025 \ ORDER WP 40605/2018 g( 0 9 SEP 2025 )g) '^^vCyrtnt DISPOSING OF THE W.P., WITHOUT COSTS