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2026 DAILYLAW 7962 (AP)

Tirupathi Nagamani, v. State of Andhra Pradesh

WP/11109/2026 · 2026-08-06

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010192902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 7th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11109/2026 Between: 1. TIRUPATHI NAGAMANI,, W/O. LATE RAMANNA, AGED ABOUT 48 YEARS, OCC ANGANWADI HELPER, R/O PARAPURAM VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WOMEN DEVELOPMENT, CHILD WELFARE AND DISABLED WELFARE DEPARTMENT, ANDHRA PRADESH SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE COMMISSIONER OF WOMEN DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, CHILD WELFARE AND DISABLED WELFARE DEPARTMENT, JAMPANI TOWERS, AMARAVATHI ROAD, OPP NARAYANA SCHOOL, POTTI SRIRAMULU NAGAR, POSTAL COLONY, GUNTUR, GUNTUR DISTRICT - 522002. 3. DISTRICT COLLECTORCUMCHAIRMAN OF DISTRICT SELECTION COMMITTEE OF ANGANWADI WORKERS AND HELPERS, SRIKAKULAM DISTRICT AT SRIKAKULAM - 532001. 4. THE PROJECT DIRECTOR, DISTRICT WOMEN AND CHILD DEVELOPMENT AGENCY, DOOR NO.3-3/1-20/2, KONNA STREET, SRIKAKULAM DISTRICT AT SRIKAKULAM - 532001. 2 5. DISTRICT WOMEN AND CHILD WELFARE EMPOWERMENT OFFICER, VAMBAY COLONY, 80 FEET ROAD, SRIKAKULAM, SRIKAKULAM DISTRICT - 532001. 6. CHILD DEVELOPMENT PROJECT OFFICER, ICDS (INTEGRATED CHILD DEVELOPMENT SERVICES) PROJECT, KOTTURU MANDAL, SRIKAKULAM DISTRICT - 532455. 7. THE MEDICAL SUPERINTENDENT, RIMS, GOVERNMENT GENERAL HOSPITAL, BALAGA JUNCTION, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT - 532001. 8. THE ASSOCIATE PROFESSOR, FORENSIC MEDICINE AND TOXICOLOGY, RIMS, GOVERNMENT MEDICAL COLLEGE/GGH, BALAGA JUNCTION, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT - 532001. ...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.01 /2025, dt. 31.12.2025 passed by the 6th respondent thereby retired the petitioner from the post of Anganwadi Helper working in Anganwadi Centre-1 situated at Parapuram Village, Kotturu Mandal, Srikakulam District on attaining the age of superannuation of 62 years with effect from 31.12.2025 by considering wrong date of birth i.e 01-01- 1963 instead of original date of birth as 01-02-1978 and consequential action of the respondents 3 to 6 in not considering the petitioner's age as around 50 years even as per the Certificate of Age Determination dt. 09- 03-2026 issued by the Government Medical College, Srikakulam, Srikakulam District after conducting medical examinations to the petitioner to determine her age, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently set aside the Proceedings dt. 31.12.2025 as illegal and further direct the respondents 3 to 6 to issue appropriate proceedings by continuing the petitioner as Anganwadi Helper working in Anganwadi Centre-1 situated at Parapuram Village, Kotturu Mandal, Srikakulam District 3 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 proceedings No.01/2025, dt. 31.12.2025 passed by the 6th respondent and further direct the respondents 3 to 5 continue the petitioner as Anganwadi Helper working in Anganwadi Centre-1 situated at Parapuram Village, Kotturu Mandal, Srikakulam District, pending disposal of the main writ petition Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.11109 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in retiring the Petitioner on 31.12.2025 on the ground that the Petitioner attained an age of 62 years, as illegal and arbitrary. 2. The Petitioner was appointed as Anganwadi Helper in Anganwadi Center-1, Parapuram Village, Kotturu Mandal, Srikakulam district on 01.10.1995 and has been discharging her duties ever-since. While so, the Respondent-Authorities taking note of her date of birth (01.01.1963) mentioned in Aadhaar card, had retired her on 31.12.2025. Thereafter, the Petitioner had updated her date of birth in her Aadhaar card as being born in the year-1978, but the same was not considered. Hence, Writ Petition came to be filed. 3. Learned counsel for the Petitioner submitted that initially, the age in her Aadhaar card was wrongly mentioned and the erroneous entry cannot be the basis to retire the Petitioner. It was further submitted that, for determining the age of the Petitioner, a test was conducted by Government Medical College, Srikakulam on 03.02.2026 and the test results determined the age of the Petitioner as 50 years. 5 4. Learned Assistant Government Pleader for Services submitted that, if the claim of the Petitioner with regard to her updated date of birth (01.02.1978) is taken into consideration, then the very appointment of the Petitioner in the year-1995 cannot be sustained, as she was aged only 17 years and a minor at the time of her appointment. It was further submitted that the medical report, which was filed by the Petitioner, cannot be relied upon, as the same was conducted without any intimation to the department. 5. Heard the counsels. 6. Normally, the dispute with regard to the “date of birth” of an employee for the purpose of superannuation would not be entertained by this Court at the fag end of their service. However, this is a curious case where the Petitioner claims to be born around the year-1978, while the department treats the Petitioner as born in the year-1963 on the basis of her date of birth in her Aadhaar card. There is a gap of 15- years and such a huge variation warrants interference of this Court. 7. As there is no certainty with respect to the date of birth of the Petitioner, it would be appropriate to refer the Petitioner to a medical examination, after intimation to the Respondents. Therefore, this Writ Petition is disposed of, with the following directions:- 6 (i) The Petitioner shall undergo a medical examination for determination of her age at a hospital named by the Respondents. (ii) The Respondents shall nominate a hospital within a period of four weeks from today and the Petitioner shall undergo the medical test within a period of four weeks thereafter. (iii) The age as determined in the medical report shall be accepted by the Petitioner as well as Respondents. (iv) The Respondents shall depute a responsible person at the time of medical test of the Petitioner. (v) The costs involved for undergoing medical test shall be borne by the Petitioner. (vi) Till the above said exercise is completed, no permanent arrangement shall be made to the post of Anganwadi Helper in Anganwadi Center-1, Parapuram Village, Kotturu Mandal, Srikakulam district. 8. No order as to costs. 7 9. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 07.08.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 80 WRIT PETITION No.11109 of 2026 Dated: 07.08.2026 chs