Allowed

K. Obuleswaramma, v. The State of Andhra Pradesh

Andhra Pradesh HC20 Sept 2022WP/8079/2022

Case brief

AI extract

What is this about?

This common order on two writ petitions under Article 226 quashed termination proceedings issued against a Mini Anganwadi Worker without due consideration of her explanation. The court directed a fresh enquiry and restrained the filling of her post, holding the petitioner entitled to continue. It found no public action or reasons necessary to pronounce in detail.

What did the court decide?

Set aside termination proceedings and direct respondents to conduct a fresh enquiry; restrain filling the petitioner's post pending the final disposal.

K. Obuleswaramma, Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE DR.JUSTICE K. MANMADHA RAO

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WRIT PETITION Nos.8079 AND 30362 OF 2022

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COMMON ORDER:

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The Writ Petition No.8079 of 2022 is filed under Article 226 of

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the Constitution of India, seeking the following relief:

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“…pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^th respondent though the petitioner submitted explanation in detailed, with holding salaries since 06.11.2017 and passing impugned proceedings after lapse of 3 years vide No.60/A/2022 dated 15.02.2022 on the grounds of explanation submitted by the petitioner unsatisfactory which is arbitrary and unjust. By setting aside the impugned proceeding issued of the 4^th respondent vide No.60/A/2022 dated 15.02.2022 declared as null and void and consequently held petitioner is entitled salaries from 06.11.2017 to till date and pass such”

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The Writ Petition No.30362 of 2022 is filed by the same

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petitioner under Article 226 of the Constitution of India, seeking the following relief:

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“…pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^th respondent having aware that petitioner filed W.P.No.8079 of 2022 is pending having counter affidavit is filed pending for adjudication in this Hon’ble Court. Even though, issued the Notification vide No.8892 dated 10.09.2022 proposing to fill up the post of Anganwadi Worker Nutankalva Mini Talupula Anganwadi Centre, Kadiri East, Sri Satyasai District (where the petitioner posted) other than petitioner without kept in abeyance is as illegal, improper and arbitrary consequently pending disposal writ petition for filling of the Nutankalva Mini through notification No.889/22 dated 10.09.2022 Talupula Anganwadi Worker as void and to pass…”

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Brief facts are that the petitioner was appointed as Mini Anganwadi Worker Vide proceedings 248/A/07 dated 13.02.2008 issued by the 3^rd respondent. At the time when she went to ration stores for getting rice for Anganwadi Center, she requested the dealer to give commodities as per correct weighing. Ration dealer misunderstood the words of the petitioner and bore grudge against her and started to harass continuously. On the same day, the petitioner was assaulted and the keys of the Anganwadi Centre were forcibly taken away. Thereafter, the petitioner lodged a complaint in the Talupula Police Station and a crime was registered under Sections 143, 323, 355, 436 r/w 34 I.P.C. While the petitioner was in police station, the police constable visited Anganwadi Centre for enquiry about the incidence and informed the petitioner that the Anganwadi Centre was burnt and the records were also burnt. The criminal case is still pending and on 24.07.2017, the petitioner submitted representation to the respondent No.4 requesting the authority to take necessary action. at the same time, a complaint was submitted against her to respondent No.4. A series of memos were issued to the petitioner for which she submitted her explanation. Without considering the explanation, memo vide proceedings No.40/A/2017

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dated 20.11.2017 was issued withhelding honorary pay of the petitioner. While the matter stood thus, the petitioner submitted her explanations. Thereafter, by issuance of memo No.60/A/2022 dated 15.02.2022 by respondent No.4, the petitioner is terminated from service. Hence the writ petitions are filed.

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The respondents filed counter affidavit denying all the averments made in the writ petition.

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Heard both the learned counsel for the petitioner and learned Government Pleader for Women and Child Welfare.

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Learned counsel for the petitioner submitted that though the petitioner had submitted her explanations, the respondents without giving any opportunity and without considering the explanations submitter by her, the impugned proceedings dated 15.02.2022 have been issued terminating her from the services which is illegal and unsustainable under law. Hence request this Court to pass appropriate orders giving direction to the respondents.

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On the other hand, leaned Government Pleader for Women and Child Welfare submits that the petitioner without attending the duties, approached grievance sell and gave representations to the respondent No.3. As the petitioner did not give satisfactory replies and did not attended duties since November, 2017, note file is submitted to the

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respondent No.3. The Chairman of the Committee of Anganwadi Workers/Helpers and Mini Anganwadi Workers, setting forth the true facts concerning the petitioner and sought for termination of the petitioner.

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Learned Government Pleader further submitted that in pursuance of the same, the 3^rd respondent has approved the note file on 03.12.2021 and as per the orders of the Project Director, District Women & Child Development Agency, Anantapuramu vide No.376731/A/2020 dated 21.01.2022, the respondent No.4 has issued the impugned proceedings to the petitioner terminating her from services. He further submits that there are no bonafides on the part of the petitioner in filing this writ petition and further submits that the petitioner suppressed the material facts with her knowledge and further pleaded false facts and approached this Court with unclean hands and as such she is not entitled for any relief.

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On perusal of the material available on record, this Court feels it appropriate to set aside the impugned proceedings vide Proceedings No.60/A/2022 dated 15.02.2022 and to direct the respondents to conduct fresh enquiry.

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Accordingly, this writ petition is disposed of setting aside the impugned proceedings of respondent No.4 vide proceedings

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No.60/A/2022 dated 15.02.2022. Further, the respondents are directed to conduct fresh enquiry and dispose of the matter in accordance with law. Till such time, the petitioner shall continue in the same position.

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In view of the orders passed in W.P. No.8079 of 2022, respondents are directed not to fill the post of Anganwadi Worker, Nutankalva Mini Talupula Anganwadi Centre, Kadiri East, Sri Satyasai District vide Notification No.8892 dated 10.09.2022. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending consideration if any in these writ petitions shall stand closed.

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____________________________ DR. K. MANMADHA RAO, J

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Dated: 20.09.2022. ASH

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THE HON’BLE DR.JUSTICE K. MANMADHA RAO

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WRIT PETITION Nos.8079 and 30362 of 2022

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20.09.2022

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ASH

K. Obuleswaramma, v. The State of Andhra Pradesh

Case brief

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K. Obuleswaramma, v. The State of Andhra Pradesh

Case brief

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