} IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO _ WRIT PETITION NO: 2075 OF 2025 Between: Allu Jayamma, S/o. Srinivasa Rao, aged 41 years, working as MDM-Head Women-Cook-cum-Helper in Zalla Parishad School, M.S.R.Puram, Vangara Mandal, Vizianagaram District, R/o. Pedda Veedhi, M.S.R.Puram, Vangara Mandal, Vizianagaram District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The District Collector, Erstwhile Srikakulam District, Presently Vizianagaram District. The District Educational Officer-curn-Member of Mid-Day Meals, Erstwhile Srikakulam District, Presently Vizianagaram District. The Mandal Development Officer-cum-Member of Mid-Day Meals, Vangar-a Mandal, Erstwhile Srikakulam District, Presently Vizianagaram District. The Tahsiladar-cum-Member of Mid-Day Meals, Vangara Mandal, Erstwhile Srikakulam District, Presently Vizianagaram District. The Mandal Educational Officer -cum-Member of Mid-Day Meals, Vangara Mandal, Erstwhile Srikakulam District, Presently Vizianagaram District. The Head Master-cum-Member of Mid-Day Meals, Zilla Parishad High School, M.S.R.Puram, Vangara Mandal, Vizianagaram District. The School Management Committee, Rep by its Chairman, Zilla Parishad High School, M.S.R.Puram, Vangara Mandal, Vizianagaram District. 2. 3. 4. 5. 6. 7. 8. f' 9. Smt. Duppda Janiki, W/o. Janaradhan Rao, aged about 35 years, MDM- Head Women-Cook-cum-Helper in Zalla Parishad School, M.S.R.Puram, Vangara Mandal, Vizianagaram District. 10.The Andhra Pradesh Corporation for Out-Sourced Service(APCOS, , rep by its Chairperson, 2"^ Floor, NTR Administrative Building, Pandit Nehru Bus Station, Krishnalanica, Vijayawada krishna District, Andhra Pradesh - 520002. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction the nature of Mandamus declaring the action respondents particularly the 2"^^ to 8*^ respondents in directed not attending duty from 11-09-2024 onwards by showing the a resolution dated 10-09-2024 the Petitioner of the 8'^ respondent by removed me from MDM-Head Women-Cook-cum-Helper from the 7*^ respondent School in Zalla Parishad School may M.S.R.Puram, Vangara Mandal, Vizianagaram District in pursuance of the 8*^ respondent Resolution dated 10-09- 2024 is illegal, arbitrary, violation of Principal of Fundamental Rights under Articles 311(2), 14 and 16 of the Constitution of India and violation of the vide more in G.O. Ms. No. 126, dated 18-10-2019 and G.O.Ms.No.136, 04-11-2019 and guidelines for engaging Out-Soured Manpower under Guidelines vide Circular Memo No.GADOI-SUOMIC/31/2019-SU-l, dated 20-11-2029 and also contrary to the G.O.Ms.No.41, dated 19-06-2013 and consequently to set-aside the Resolution dated 10-09-2024 of the 8*^ respondent. lA NO: 1 OF 2025 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 Continue the Petitioner as MDM-Head Women-Cook-cum-Helper in Zilla Parishad High School, M.S.R.Puram, ' A Vangara Mandal, Vizianagaram District in the 7'^ respondent School from 11-09-2024 onwards suspending the Resolution dated 10-09-2024 of the 8‘^ respondent pending disposal of the above writ petition. Counsel for the Petitioner : SRI G. SIMHADRI Counsel for the Respondent Nos.1 to 8 ; GP FOR SCHOOL EDUCATION Counsel for the Respondent No.9 : NONE APPEARED Counsel for the Respondent No.10 : SRI K. BHEEMA RAO The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.2075 of 2025 ORDER: The present Writ Petition is filed 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 action respondents particularly the 2"'' to s"’ respondents in directed not attending duty from 11.09.2024 onwards by showing the resolution dated 10.09.2024 the Petitioner of the 8'^ respondent by removed me from MDM- Head Women-Cook-cum-Heiper from the 7'" respondent School in Zalla Parishad School, M.S.R.Puram, Vangara Mandal, Vizianagaram District in pursuance of the 8'^ respondent Resolution dated 10.09.2024 is illegal, arbitrary, violation of Principal of Fundamental Rights under Articles 311(2), 14 and 16 of the Constitution of India and violation of the vide G.O.Ms.No.126, dated 18.10.2019 and G.O.Ms.No. 136, 04.11.2019 and guidelines for engaging Out-Soured Manpower under Guidelines vide Circular Memo No.GADOI- SUOMIC/31/2019-SU-l, dated 20.11.2029 and also contrary to the G.O.Ms.No.41, dated 19.06.2013 and consequently to set-aside the Resolution dated 10.09.2024 of the 8"’ respondent and pass such other order or orders " 2. The grievance of the petitioner, in brief, in the present Writ Petition is that the petitioner was appointed as Head Women-Cook- cum-Helper for implementing the Mid-day meals Scheme in Zalla Parishad High School, M.S.R.Puram, Vangara Mandal, Vizianagaram District in 7*^ and 8*^ respondent High School from the year 2019. Thereafter, the 7 th and 8*^ respondents passed a resolution on 10.09.2024 and without considering the services rendered by the petitioner and without giving notice, terminated the service of the petitioner and appointed respondent into service. From then onwards, the respondents directed the petitioner not to attend duty from 11.09.2024. Aggrieved by the same, the present Writ Petition is filed. 2 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, which 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 allow the petitioner to continue as Head Women-Cook-cum-Helper in the Mid-day meals program to the aforesaid school. If at all, the respondents are not intending to allow the petitioner to continue as Head Women-Cook-cum-Helper in the Mid-day meals program to the aforesaid school, they should take recourse to law by issuing show cause notice and by passing appropriate orders, after calling explanation and hearing of the petitioner. m Accordingly, the Writ Petition is disposed of. There shall be no 6. order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. SD/- B.PRASAD RAO ASSISTANT REGi^RAR //TRUE COPY// SECT] FFICER To, 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The District Collector, Erstwhile Srikakulam District, Presently Vizianagaram District. The District Educational Officer-curn-Member of Mid-Day Meals, Erstwhile Srikakulam District, Presently Vizianagaram District. The Mandal Development Officer-cum-Member of Mid-Day Meals, Vangara Mandal, Erstwhile Srikakulam District, Presently Vizianagaram District. The Tahsiladar-cum-Member of Mid-Day Meals, Vangara Mandal, Erstwhile Srikakulam District, Presently Vizianagaram District. The Mandal Educational Officer -cum-Member of Mid-Day Meals, Vangara Mandal, Erstwhile Srikakulam District, Presently Vizianagaram District. The Head Master-cum-Member of Mid-Day Meals, Zilla Parishad High School, M.S.R.Puram, Vangara Mandal, Vizianagaram District. The School Management Committee, Rep by its Chairman, Zilla Parishad High School, M.S.R.Puram, Vangara Mandal, Vizianagaram District. The Chairperson, Andhra Pradesh Corporation for Out-Sourced Service(APCOS, 2'^'^ Floor, NTR Administrative Building, Pandit Nehru Bus Station, Krishnalanica, Vijayawada krishna District, Andhra Pradesh - 520002. 2. 3. 4. 5. 6. 7. 8. 9. lO.One CC to Sri G. Simhadri, Advocate [OPUC] 11 .Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 12. One CC to Sri K. Bheema Rao, Advocate (OPUC) 13. Three C.D. Copies. Cnr HIGH COURT DATED:05/02/2025 ORDER O 5 2 0 FEB 2025 i ^ , Current Section WP.No.2075 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS