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2026 DAILYLAW 4386 (AP)

P. Kasulamma v. THE STATE OF ANDHRA PRADESH

WP/17444/2026 · 2026-07-01

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : --- Date of pronouncement : 02.07.2026 Date of uploading : APHC010318372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17444/2026 Between: 1. P. KASULAMMA, D/O. P JAGANNADHA SWAMY, AGED 53 YEARS, ANGANWADI WORKER, RAMAVARAM-3 CENTER, R/O. D.NO.1-150B, KARAKAVALASA ST COLONY, RAMAVARAM - 535 215. GANTYADA MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, . THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL GUNTUR DISTRICT. PIN - 522 237. 2. THE DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, JAMPANI TOWERS, AMARAVATHI ROAD, OPP. NARAYANA SCHOOL POTTI SRI RAMULU NAGAR, POSTAL COLONY, GUNTUR - 522002. ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT SELECTION COMMITTEE FOR AWWS, AWHS/DW AND CDA, 2 VIZIANAGARAM DISTRICT, VIZIANAGARAM - 535 001, ANDHRA PRADESH. 4. THE PROJECT DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOMENT AGENCY, VIZIANAGARAM DISTRICT, VIZIANAGARAM - 535 001, ANDHRA PRADESH. 5. THE CHILD DEVELOPMENT PROJECT OFFICER CDPO, ICDS PROJECT, GANTYADA, GANTYADA VILLAGE ANPL MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. PIN 535 215. ...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 topleased pass an order or orders, more particularly one in the nature of writ of mandamus declaring the action of 5th Respondent in terminating the petitioner as Anganwadi Worker of Ramavaram -3 Anganwadi Center (Code No. 28543070325), ICDS Project, Gantyada, Vizianagaram District, vide proceedings Rc. No. 71/2026, dated 15-05-2026, without authority, without issuing show cause memo or notice, without conducting proper enquiry or affording personal hearing as illegal, arbitrary, contrary to the principles of natural justice, contrary to G.O.Ms.No. 18, Department of Women, Children (Prog) Disabled and Senior Citizens, dated 15.05.2015, and in violation of Articles 14 and 19 of the Constitution of India and consequently to set aside the termination Proceedings Vide Rc. No.71/2026, dated 15-05- 2026, issued by the 5th Respondent of pass IA NO: 1 OF 2026 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 pleased to suspend the operation of the termination proceedings vide Rc.No. 71/2026, dated 15-05-2026, issued by Respondent No. 5, and direct the respondents to allow the Petitioner to continue discharging her duties as an Anganwadi Worker at the Ramavaram-3 Anganwadi Center, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 3 1. YADAVALLI RAMESH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17444 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in terminating the Petitioner as Anganwadi Worker at Ramavaram – 3 Anganwadi Center, ICDS Project, Gantyada, Vizianagaram District, without issuing any show-cause notice or conducting any enquiry, as illegal and arbitrary. 2. The Petitioner was appointed as Anganwadi Worker at Ramavaram – 3 Anganwadi Center, ICDS Project, Gantyada, Vizianagaram District vide Proceeding No.99/90, dated 16.08.1990 and has been discharging her duties ever-since. It was submitted that Respondent No.5, vide Proceedings in Rc.No.71/2026 dated 15.05.2026, terminated the services of the Petitioner on the ground that she was found absent from duty without authorization during a surprise inspection conducted by the Collector and District Magistrate, Vizianagaram, on 12.05.2026. 3. It was further submitted that due to the absence of the Petitioner, the functioning of the Anganwadi center was adversely affected resulting in interruption in delivery of supplementary nutrition and pre- school services to the beneficiaries. Aggrieved by the issuance of the 5 termination proceedings, which were passed without issuing any show- cause notice, the present Writ Petition has been filed. 4. Learned Assistant Government Pleader for Woman and Child Welfare does not dispute the fact that impugned proceedings were passed, without issuance of any prior notice or conducting an enquiry. 5. Heard the counsels. 6. As the Petitioner was regularly appointed as Anganwadi Worker at Ramavaram – 3 Anganwadi Center, ICDS Project, Gantyada, Vizianagaram District and has been discharging her duties in the said Anganwadi Center for over 34 years, the termination of her service on the ground of her absence for a solitary day i.e., 12.05.2026 appears to be excessive and disproportional. Apart-from that, the impugned proceedings were passed, without conducting any enquiry. 7. Therefore, as the impugned proceedings were passed without issuing any show-cause notice or calling for an explanation from the Petitioner, the same is in violation of the principles of natural justice. Accordingly, the Writ Petition is allowed with the following directions:- (i) The impugned proceedings issued vide Rc.No.71/2026 dated 15.05.2026 are set-aside. 6 (ii) The Petitioner shall be permitted to work as Anganwadi Worker in Ramavaram – 3 Anganwadi Center, ICDS Project, Gantyada, Vizianagaram District. (iii) The Respondent-Authorities are at liberty to issue a show-cause notice to the Petitioner for dereliction of duty, before taking any further action against the Petitioner. (iv) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 02.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 129 WRIT PETITION No.17444 of 2026 Dated: 02.07.2026 chs