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High Court of Andhra Pradesh · body

2025 DAILYLAW 43574 (AP)

P LAKSHMI v. The Integrated Child Development and Project Officer

WP/7038/2019 · 2025-03-18

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA'^ (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 'S WRIT PETITION NO: 7038 OF 2019 Between: D/o P.Narasimhulu, aged 46 years, Working as Anganwadi Termination, Lagisettipalem Village Aripaka Panchayati, Sabbavaram Mandal Visakhapatnam. ...Petitioner AND Vilakhlpatnlm^^''^ Development and Project Officer. Sabbavaram, 2. The District Collector, Visakhapatnam. 3. The Deputy Director, Women Development and Child Welfare Department Visakhapatnam. Welfare^Sayiwad^^^^ Development and Child Principal Secretary Women Child and Disabled and Senior Citizen Welfare. Visakhapatnam. ...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 direction Mandamus declaring the orders more in the nature of passed by the respondent orders No.47/2019 dt.1.5.2019 in terminating the services of the petitioner Anganwadi Worker without issuing Articles of Charge, without conducting any enquiry, without providing any opportunity and relying documents obtained behind back and passing orders of termination at the dictation of Project Director, Women as upon various , Child and Disabled Welfare as illegal, arbitrary and violates Institution, Visakhapatnam dt.30.4.2019 articles 14,16, 21 and 312(2) of the Constitution of India, and declare that the petitioner is entitled to continue in service as Anganwadi Worker without any break. consequently lA NO: 1 OF 2019 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 suspend the operation of the orders respondent in orders No.47/2019 dt.1.5.2019 communicated on 5.5.2019 with a direction to continue the petitioner in service pending disposal of the above Writ Petition. passed by the 1st Counsel for the Petitioner: SRI P V RAMANA Counsel for the Respondents: GP FOR WOMEN DEV CHILD WELFARE The Court made the following order: APHC010163172019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] / WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 7038/2019 Between: P Lakshmi ...PETITIONER AND The Integrated Child Development And Project Officer...RESPONDENT(S) and Others Counsel for the Petitioner: 1.PVRAMANA Counsel for the Respondent(S): 1.GP FOR WOMEN DEV CHILD WELFARE(AP) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: " to issue a Writ Order or direction more in the nature of Mandamus declaring the orders passed by the respondent orders No.47/2019 dt.1.5.2019 in terminating the services of the petitioner as Anganwadi Worker without issuing Articles of Charge without conducting any enquiry without providing any opportunity and relying upon various documents obtained behind back and passing orders of termination at the dictation of Project Director Women Child and Disabled Welfare Institution, Visakhapatnam dt.30.4.2019 as illegal, arbitrary and violates Articles 14, 16, 21 and 312(2) of the Constitution of India and consequently, declare that the petitioner is entitled to continue in service as Anganwadi Worker without any break." 2 2. Heard Sri P.V.Ramana, learned counsel for the Petitioner and learned Government Pleader for Women and Child Welfare appearing for the respondents. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the Petitioner appointed as an Anganwadi Worker in the year 2006 in Lagisettipalem Village, Aripaka Panchayat, Sabbavaram Mandal and she performed her duties till her termination from service i.e, on 01.05.2019. Further, an enquiry was conducted with regard to her alleged misconduct in her absence, which is not tenable in law. Learned counsel would submit that the respondent authorities without following due process of law by making some false allegations against her, terminated the Petitioner from service. Further, since it is a case of violation of principles of natural justice, a direction may be given to the respondent authorities to reinstate the Petitioner into service and proper enquiry may be conducted by following due process of law. 4. Learned Government Pleader for Women and Child Welfare, on written instructions, would submit that a show cause notice was issued to the petitioner and that due to the pendency of this case, the post was kept vacant and was not filled up in Lagisettipalem village. The Court may pass appropriate orders. 5. Considering the submissions and a fair look at the material on record, since the order of termination was passed in gross violation of principles of natural justice and without following due process of law, it is apposite to direct the respondent authorities to reinstate the Petitioner into service within a period of one month from the date of receipt of a copy of this Order. However, it does was 3 not preclude the respondent authorities to take appropriate action against the Petitioner according to the governing rules and law for the alleged misconduct. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Integrated Child Development and Project Officer, Sabbavaram, Visakhapatnam. 2. The District Collector, Visakhapatnam. 3. The Deputy Director, Women Development and Child Welfare Department Visakhapatnam. 4. The Project Director, Project Director Women Development and Child Welfare Vijayawada. 5. The Principal Secretary Women, Child and Disabled and Senior Citizen Welfare, State of Andhra Pradesh, Visakhapatnam. 6. One CC to Sri P V Ramana, Advocate [OPUC] 7. Two CCs to GP for Women Development & Child Welfare, High Court/ of Andhra Pradesh. [OUT] 8. Two CD Copies RAM > ■ HIGH COURT DATED:19/03/2025 ORDER WP.No.7038 of 2019 * 2 3 MAY 2025 g ^ . Current section . •V *2. DISPOSING OF THE WP WITHOUT COSTS