APHC010782422013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11129/2013 Between: 1. P SUBBAMMA, W/O. RAMMOORTHY, ANGANVADI AAYA(SERVENT), R/O.BOMMANDODLA, PACHIKAPALLAM POST, VEDURUKUPPAM MANDAL 517 569, CHITTOR DISTRICT. ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WOMEN AND CHILD WELFARE, SECRETARIAT, HYDERABAD. 2. INTEGRATED CHILD DEVELOPMENT OFFICER, ICDS PROJECT, KARVETINAGARAM, CHITTOR DISTRICT. 3. ANGNAWADI CENTRE, REP. BY AUTHORIZED PERSON, BOMMANADODLA, PACHIKAPALLAM POST, VEDURUKUPPAM MANDAL, CHITTOR DISTRICT. PIN:517569. ...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 issue an appropriate Writ order or direction more particularly in the nature of writ of Mandamus declaring the inaction of respondents No.2 &3 in take back the petitioner as "Anganwadi Aaya" in spite of her representation dated 30-01-2013 in support of the representation dated 07-09-2012 in respect of continuing the petitioner into her work as "Anganwadi Aaya" in the Anganwadi, Bommandodla, Chittor District after recovered from her ill-health 2 on the submission of explanation to the Memo dated 15-11-2012 and medical certificate is arbitrary, illegal and capricious and against the principles of natural justice IA NO: 1 OF 2013(WPMP 13772 OF 2013 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 permit the petitioner to continue in said post "Anganwadi Aaya" and not to appoint any other person in the said post pending disposal of the writ petition in this Hon'ble Court Counsel for the Petitioner: 1. RAMA MURTY P V S A Counsel for the Respondent(S): 1. GP FOR WOMEN DEV, CHILD WELFARE The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner is challenging the inaction on the part of respondent Nos.2 and 3 in taking back the petitioner as Anganwadi Aaya, in spite of her representation dated 30.01.2013 submitted in support of her earlier representation dated 07.09.2012. 2. It is submitted that the petitioner was appointed as Anganwadi Aaya and served for more than twenty (20) years. It is submitted that the petitioner was unwell and was absent from 03.09.2011 to 03.11.2012. The petitioner submitted a representation dated 07.09.2012 seeking permission to discharge her duties as Anganwadi Aaya. The petitioner submitted another representation dated 30.01.2013 along with a medical certificate requesting the respondents to permit her to discharge her duties as Anganwadi Aaya. 3. The learned Assistant Government Pleader appearing for the respondents submits that the petitioner had absconded from duty from 03.09.2011 onwards and that, after a lapse of 16 months the petitioner approached the respondents seeking permission to rejoin duty. It is submitted that, as the petitioner had absconded from duty, the respondents initiated the process for appointment of Anganwadi Aaya by issuing a notification dated 05.01.2013. The respondents conducted interviews and the Selection Committee appointed one Ms. K. Gaja Lakshmi as Anganwadi Aaya in place of the petitioner, and she is now continuing in service. 4 4. Considering the submissions and the fact that the petitioner has not been working for all these years and has also attained the age of superannuation during the pendency of the writ petition, the respondents cannot be directed to take back the petitioner as Anganwadi Aaya, more so when the respondents have already called for applications and completed the recruitment process. As the petitioner has attained the age of superannuation, no further orders can be passed in the writ petition. 5. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 05.02.2026 PNS