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2025 DAILYLAW 5433 (AP)

Chintakayala Pravallika, v. The State of Andhra Pradesh

WP/4707/2025 · 2025-02-24

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4707 OF 2025 Between: Chintakayala Pravallika, W/o. Madduluru Rajendra, Aged about 29 years, R/o. Kaluvoyu Village and Mandal, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by Its PrI. Secretary, Women Welfare and Child Development, AP Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Nellore, SPSR Nellore District. District Women and Child and Empowerment Officer, Nellore, SPSR Nellore District. The Child Development Project Officer, I. C. D. S. Rapur, Rapur Mandal, SPSR Nellore District. 2. 3. 4. ...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 more particularly one in nature of WRIT OF MANDAMUS declaring the action of the respondents in not allowing the petitioner to discharge the services as Anganwadi worker at Kaluvoy Boys School, Kaluvoy village and mandal, SPSR Nellore District without giving reasonable opportunity of being heard as arbitrary, illegal and violative of principles of natural justice. Article 19, 21 of the constitution of India and consequently direct the respondents to continue the service of petitioner as Anganwadi worker at Kaluvoy Boys School Kaluvoy village and mandal, SPSR Nellore District by duly paying arrears of wages. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the service of petitioner as Anganwadi worker at Kaluvoy Boys School Kaluvoy village and mandal, SPSR Nellore District by duly paying arrears of wages, pending disposal of the writ petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondents : SRI S. RAJU, ASST.GP FOR SERVICES II The Court at the stage of admission made the following: ORDER 4 APHC010045372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4707/2025 Between: 1.CHINTAKAYALA PRAVALLIKA,, W/0 MADDULURU RAJENDRA, AGED ABOUT 29 YEARS, R/0 KALUVOYU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, , REP BY ITS PRI. SECRETARY, WOMEN WELFARE AND CHILD DEVELOPMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SPSR NELLORE 2.THE DISTRICT COLLECTOR, , NELLORE, DISTRICT. 3.DISTRICT WOMEN AND CHILD AND EMPOWERMENT OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4.THE CHILD DEVELOPMENT PROJECT OFFICER, I. C. D. S. RAPUR, RAPUR MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 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 may be pleased to issue a Writ, order or direction more particularly in nature of WRIT OF MANDAMUS declaring the action of the respondents in not allowing the petitioner to discharge the services as one 2 Anganwadi worker at Kaluvoy Boys School, Kaluvoy village and mandal, SPSR Nellore District without giving reasonable opportunity of being heard as arbitrary, illegal and violative of principles of natural justice. Article 19, 21 of the constitution of India and consequently direct the respondents to continue the service of petitioner as Anganwadi worker at Kaluvoy Boys School Kaluvoy village and mandal, SPSR Nellore District by duly paying arrears of wages and pass 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 may be pleased to direct the respondents to continue the service of petitioner as Anganwadi worker at Kaluvoy Boys School Kaluvoy village and mandal, SPSR Nellore District by duly paying arrears of wages, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1 .SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II The Court made the following: ::ORDER:: Heard Sri Sivaprasad Reddy Venati, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondents 1 to 4. The above writ petition is filed complaining about the highhanded action of respondents 3 and 4 in not allowing the petitioner to discharge duty as Anganwadi Worker, Kaluvoy Boys School, Kaluvoy Village and Mandal, SPSR Nellore District, without issuing any notice, as illegal and arbitrary. 2. 3 Petitioner was promoted as Anganwadi Worker by proceedings No.57/2024, dated 03.12.2024 (Ex.P3), issued by the 4^^ respondent. Thereafter, the 4'*^ respondent issued Memo No.SPL/2024, dated 10.12.2024 (Ex.P2), directing the petitioner to submit an explanation. The petitioner submitted an explanation on 16.12.2024 (Ex.P1). 3. Learned counsel for the petitioner would submit that the 4*^ respondent orally instructed the petitioner not to attend duties and, in fact, not allow the petitioner to discharge duties. 4. th 5. Learned Assistant Government Pleader submitted instructions of 4 respondent. The operative portion is usefully extracted hereunder: “It is submitted that as per the rules and guidelines the said Chinthakayala Pravillika is eligible for the post of Anganwadi Worker at Kaluvayi Boys School Centre as such she was issued proceedings No.57/24, dt 03.12.2024 duly appointed her as Anganwadi Worker at Kaluvayi Boys School Center. Subsequently the said Chinthakayala Pravallika is discharging her duties since 05.12.2024 to till date. The copy of attendance is enclosed herewith. It is false that the 4*'^ respondent given oral instructions or directions t the Chinthakayala Pravallika to not to discharge her duties as Anganwadi Worker at the said centre. It is submitted that to draw the salary of the said Chinthakayala Pravallika the details was submitted in E-SADHANA Portal.” Thus, the instructions of the 4'^^ respondent would indicate that the petitioner has been discharging her duties as Anganwadi Worker. 6. Given the facts and circumstances of the case, without going into the merits of the matter, this Writ Petition is disposed of at the admission stage 7. \ 4 with the consent of learned counsel on either side, directing respondents 3 and 4 not to interfere with the petitioner’s discharging duty without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT,REGI^AR //TRUE COPY// V SECrrON OFFICER To, 1. The Principal Secretary, Women Welfare and Child Development, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The District Women and Child and Empowerment Officer, Nellore, SPSR Nellore District. 4. The Child Development Project Officer, I. C. D. S. Rapur, Rapur Mandal, SPSR Nellore District. 5. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 6. Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr HIGH COURT DATED;24/02/2025 ORDER X 13 MAR 2025 ^ Current section ^S^OgSPATCW^Sr^ WP.No.4707 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS