Kondala Venkata Ramana, v. The State of Andhra Pradesh,
WP/2534/2025 · 2025-02-04
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5098 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5098 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATE^ (Special Original Jurisdiction) o> TUESDAY, THE FOURTH DAY OF FEBRUARY//^ TWO THOUSAND AND TWENTY FIVE 'X> Oi rr>. PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKH A/ WRIT PETITION NO: 2534 OF 2025 ; Between: Kondala Venkata Ramana, W/o. Nageswara Rao, Occ. Mid-day meals cook, aged about 45 years ZPH School, Mulapadu, Ibrahipatnam Mandal, NTR District, A.P. ^ ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Building, Velagapudi, Guntur Dist The Director Mid-Day Meals and Schools Sanitation, District Education, C/o. Sub Collector and Magistrate office, Punnamma Thota, Vijayawada, NTR District. The Commissioner, School Education, Ibrahimpatnam, Vijayawada, NTR District, A.P., District Education Officer, NTR District, Punnama Thota, Vijayawada NTR District The Mandal Education Of^cer, O/o. Mandal Education, Ibrahipatnam Mandal, NTR District The School Head Master, ZPH School, Mulapadu, Ibrahipatnam, NTR District. The Chairman, Parents Committee, ZPH School, Mulapadu, ' Ibrahipatnam Mandal, NTR District, A.P.
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7. ...Respondents Petition under Article 226^f the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass orders, to issue writ order or direction, more particularly. f
in .the nature of Writ of Mandamus, thereby, declaring the impugned action of the Respondent Nos. 6 and 7 in resorting to illegal and arbitrary demands under the guise of a unilateral resolution dated 13-09-2024 one without any notice to the petitioner or enquiry, thereby directing him since a couple of weeks to stop attending to duties as Midday meals Cook cum Helper in ZPH School Mulapadu^^ahipatnam Mandal, A.P., in violation of G.O. MS. No. 22 dated 12-03-20^, School Education (Prgram-1) Dept., and the
order dated 31-07- 2024 and 05-11-2024 issued by 4th Respondent and is against the principles of natural justice, besides being violative Articles-14 and 21 of the Constitution of India, thereby direct the Respondent No. 6 and 7 not to initiate any coercive steps against the petitioner and further direct to continue his services as Mid- Day meals Cook cum Helper in ZPH School, Mulapadu, in the interest of justice.
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 pass interim orders directing the Respondents, not initiate coercive and unconstitutional steps against the petitioner, highhandedly and illegally remove the petitioner as mid-day meals cook cum helper, of ZPH School, Mulapadu, Ibrahipatnam Mandal, thereby direct to continue the services of the petitioner as mid-day meals cook cum helper in the ZPH School, Mulapadu, Ibrahipatnam Mandal, pending disposal of the Writ, in the interest of justice. Counsel for the Petitioner: SRI ANIL KUMAR DASARI Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following order:
) APHC010041282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 2fi.?4/7n9i; 0ES [3330] 0 RAO Between; Kondala Venkata Ramana ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.ANIL KUMAR DASARI Counsel for the Respondent(S):
1.GP FOR SCHOOL EDUCATION ...RESPONDENT(S)
a 2 r The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-
"...pleased to issue writ,
order or direction, more particularly, one in the nature of Writ of Mandamus, thereby, declaring the impugned action of the Respondent Nos.6 and 7 in resorting to illegal and arbitrary demands under the guise of a unilateral resolution dated 13-09-2024, without any notice to the petitioner or enquiry, thereby directing him since a couple of weeks to stop attending to duties as Midday meals Cook cum Helper in ZPH School, Mulapadu, Ibrahipatnam Mandal, A.P., in violation of G.O.MS.No.22 dated 12-03-2021, School Education (Prgram-1) Dept., and the order dated 31-07-2024 and 05-11-2024, issued by 4*'^ Respondent and is against the principles of natural justice, besides being violative Articles 14 and 21 of the Constitution of India, thereby direct the Respondent Nos.6 and 7 not to initiate any coercive steps against the petitioner and further direct to continue his services as Mid-Day meals Cook cum Helper in ZPH School, Mulapadu, in the interest of justice and also to pass other order or orders....”
2. Heard learned counsel for the petitioner and learned counsel for the respondents.
3. The
learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 31.12.2024 passed by this Court in W.P.No.31213 of 2024. The learned counsel for the respondents did not refute the said
4. submission.
3 In view of the same, for the reasons alike in the aforesaid order,
5. this Court is inclined to dispose of the Writ Petition in terms of W.P.No.31213 of 2024, dated 31.12.2024. Accordingly, the Writ Petition is disposed of. There shall be no
6.
Sd/- M. PRABHAKAR RAO ASSISTANTREGISTRAR
order as to costs.
SECTION OFFICER //TRUE COPY// To,
1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur Dist v/
2. The Director Mid-Day Meals and Schools Sanitation, District Education, C/o. Sub Collector and Magistrate office, Punnamma Thota, Vijayawada, NTR District,
3. The Commissioner, School Education, Ibrahimpatnam, Vijayawada, NTR District;’ A;P-^
4. District Education Officer, NTR District Punnama Thota, Vijayawada, NTR District.
5. The Mandal Education Officer, O/o. Mandal Education, Ibrahipatnam Mandal, NTR District.
6. The School Head Master, ZPH School, MulapaduT Ibrahipatnam, NTR District.
7. The Chairman, Parents Committee, ZPH School, Mulapadu, Ibrahipatnam Mandal, NTR District, A.P.
8. One CC to Sri Anil Kumar Da^ri, Advocate [OPUC]
9. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT]
10. Two CD Copies (Along with a copy of the order dated 31.12.2024 in WP.No.31213 of 2024.) RAM
HIGH COURT DATED:04/02/2025 » 18 MAS 2025 Current Section . -
ORDER ml <9/ WP.No.2534 of 2025 DISPOSING OF THE WP WITHOUT COSTS
APHC010595442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI QMS [3330] (Special Original Jurisdiction) TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31213/2024 Between: S Adi Lakshmi and Others ...PETITIONER(S) AND The State Of AP and Others Counsel for the Petitioner(S):
1.PARIMI RAMARAYUDU Counsel for the Respondent(S):
1.GP FOR SCHOOL EDUCATION ...RESPONDENT(S)
2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“...to issue a writ, order or orders more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondent Nos.3 to 6 herein in not refraining the authorities of the Respondent No.7 School and Respondent No.8 herein from occasional interference with the discharge of public duty by the Petitioners as cooks in Respondent No.7 School, as illegal, arbitrary, contrary to Proc.Rc.No.27021/MDM-il/2020 dated 29-01-2020 issued by the Commissioner of School Education, Andhra Pradesh, devoid of principles of natural justice, and in violation of Articles 14 and 21 of the Constitution of India, and Consequently, direct the authorities of the Respondent No.7 School to continue the Petitioners from discharging their duties as cooks in Respondent No.7 School, and pass such other order or orders....”
2. The grievance of the petitioners, in brief, in the present writ petition is that in the year 2006, the petitioners were appointed as cooks under the Mid-day meal scheme in M.P.P.School, T.K.Puram Village, Pitchatur Mandal, Tirupati District. Since then, the petitioners are discharging duties without any blemish. Recently, respondent No.7-School authorities along with some other members belonging to the current political party in-power are interfering with the petitioners duties. Then, the petitioners made a representation dated 23.09.2024 requesting the authorities to abstain from such interference. So far, no action has been initiated. Aggrieved by the same, the present writ petition is filed. 3
3. Heard learned counsel for the petitioners and learned counsel for the respondents. 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
4. 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. Therefore, this Court is inclined to dispose of the writ petition directing the respondents to allow the petitioners to implement the Mid day meals program to the aforesaid school. If at all, the respondents are not intending to allow the petitioners to implement the Mid-day meals program to the aforesaid school, they should take recourse of law by issuing show cause notice and by passing appropriate orders. 5. after calling explanation and hearing of the petitioners. 6. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
4 As a sequel thereto, miscellaneous Petitions pending, if any. shall stand closed.
JUSTICE TARLADA RAJASEKHARA RAO Date: 31.12.2024 KBN