Dismissed

Gorakala Lakshmi, W/o. Late Dasari Suryanarayana, v. The State of Andhra Pradesh, Rep., by its

Andhra Pradesh HC10 Sept 2024WP/25572/2015

Case brief

AI extract

What is this about?

Court dismissed writ plea against termination of Anganwadi Aaya for submitting forged marriage certificate. Held that appointment order explicitly reserved right to terminate without notice for fraud, rendering enquiry mandatory but notice unnecessary.

What did the court decide?

Writ petition dismissed with no order as to costs; consequential miscellaneous applications closed.

Gorakala Lakshmi, W/o. Late Dasari… — Service and Employment | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY ,THE ELEJ^TH DAY TWO THOUSAND AND TWEN

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PRESENT

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THE HON’BLE SMT JUSTICE V.SUJATHA

¶5

WRIT PETITION NO: 25572 OF 201S"

¶6

Between:

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Gorakala Lakshmi, W/o. Late Dasari Suryanarayana,, Occ: Anganwadi Aaya, R/o Kasinagar, Rajipeta, V.Kotthur Mandal, Srikakulam District

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep., by its. Principal Secretary, Woman and
/ Child Welfare Department, Secretariat Buildings, Hyderabad

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2., The Chairman-cum-District Collector,, Anganwadi workers Appointments

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Committee, Srikakulam District, Srikakulam.

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The Revenue Divisional Officer,, Tekkili Revenue Division, Tekkili, Sirkakulam
District

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The Project Director,, District Woman and Child Welfare Project, Srikakulam
E^istrict, Srikakulam.
./
5. The Child Development Project Officer,, I.C.D.S. Project, Kasibugga,
Srikakulam District

¶15

...RESPONDENTS

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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 an appropriate writ, order or direction^{oneinthenatureofWrit} of Mandamus declaring the proceedings No.73/2015, dated 31-07-2015 thereby terminating the services of the petitioner as Anganwadi Aaya at Anganwadi ,Centr¥ of Kasinagar, Rajapeta, passed by the respondent No.5 without issuing notice-or calling for an explanation, as arbitrary, illegal, colorable exercise of power, contrary to well settled legal principles and principles of natural justice apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 & 21 of the Constitution of India and consequently set aside the same

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I.A. NO: 1 OF 2015(WPMP. NO: 33172 OF 2015)

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit, filed in support of the petition, the High Court may be pleased to suspend the proceedings No. 73/2015, dated 31-07-2015 thereby terminating the services of the petitioner as Anganwadi Aaya at Anganwadi Centre of Kasinagar, Rajapeta, passed by the respondent No. 5, pending disposal^{oftheabovewrit} petition.

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Counsel for the Petitioner(s):SRI. VINOD KUMAR TARLADA

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Counsel for the Respondents: GP FOR WOMEN DEV-CHILD WELFARE(AP)

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Counsel for the Respondents: GP FOR REVENUE (AP)

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The Court made the following: ORDER

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APHC010347872015

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3333]

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(Special Original Jurisdiction)

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WEDNESDAY ,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

¶30

WRIT PETITION NO: 25572/2015

¶31

Between:

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Gorakala Lakshmi, W/o. Late Dasari Suryanarayana, ...PETITIONER

¶33

AND

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The State Of Andhra Pradesh Rep By Its and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.VINOD KUMAR TARLADA

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Counsel for the Respondent(S): 1.GP FOR WOMEN DEV-CHILD WELFARE(AP)

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2.GPFOR REVENUE (AP)

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

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“...to issue a an appropriate writ, order or direction one in the nature of Writ of Mandamus declaring the proceedings No. 73/2015 dated 31.07.2015 thereby terminating the services of the petitioner as Anganwadi Aaya at Anganwadi Centre of Kasinagar, Rajapeta passed by the respondent No. 5 without issuing notice or calling for an explanation as arbitrary, illegal, colorable exercise of power, contrary to well settled legal principles and principles of natural justice apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19, 21 of the Constitution of India and consequently set aside^{thesame...”}

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The case of the petitioner is that in pursuance of the notification dated 25.11.2014 issued by the 5*^ respondent calling for applications from eligible candidates for appointment to the post of anganwadi assistant, the petitioner has submitted an application for the same, under the category of a widow, as her husband died on 14.06.2014. Accordingly, the petitioner was appointed as anganwadi assistant vide orders dated 25.05.2015 at Kasinagar Rajipeta and has been working in the said post.

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While the matter being so, the 5‘^ respondent vide proceedings dated 31.07.2015 has terminated the petitioner herein from the post of anganwadi assistant on the ground that the petitioner has submitted forged marriage certificate violating the conditions stipulated in G.O.Ms.No.21, dated 24.03.2007. Challenging the same, the present writ petition is filed on the sole ground that no notice was given to the petitioner prior to the said termination orders.

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The 5*^ respondent herein has filed a counter affidavit stating that one of the member in the selection committee has complained against the petitioner to the 2'^'^ respondent stating that the petitioner got appointment to the post of anganwadi assistant by submitting fake m^mage certificate.

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Accordingly, the 2'"'^ respondent has instructed the respondent to conduct a detailed enquiry, in pursuance of which, the 3'"'^ respondent has conducted an enquiry and has submitted a report stating that the petitioner is unmarried and has applied for the post claiming to be a married women. As the petitioner has violated the conditions stipulated in the notification, she was terminated. Hence requested to dismiss the writ petition.

¶47

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

¶48

Learned Government Pleader has produced a copy of instructions of the District Women and Child Welfare and Empowerment Officer, Srikakulam, as per which it can be seen that immediately after giving an appointment letter to the petitioner, an enquiry was conducted by the Revenue Divisional Officer, upon which it came to light that the petitioner has submitted a fake marriage certificate at the time of appointment to the post of anganwadi aaya. An enquiry report was submitted to the Project Director, Srikakulam on 14.07.2015, pursuant to which, a note was submitted to the District Collector on 16.06.2015 who has permitted^the authorities to take further action. Accordingly, the Project Director, vide proceedings dated 27.07.2015, issued a memo directing the CDPO, ICDS Project, Kasibugga instructing to issue termination order to the petitioner herein, basing on which, the petitioner was issued the impugned termination^order. 7. It can also be seen from the material available on record that no fresh notification was issued by the CDPO, ICDS Project, Kasibuuga in view of pendency of the present writ petition and that no incharge arrangements were made to the post of anganwadi aaya during the period as the anganwadi worker attended both the duties. Thereafter, upon instructions^{oftheDistrict} Collector and Chairman, a notification was issued in the year 2023 for appointment to the post of anganwadi helper in Kasinagar Rajupeta Village, pursuant to which one Smt. N. Manjula was selected as anganwadi helper at

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Kasinagar Rajupeta village vide proceedings dated 18.04.2023 of the CDPO, ICDS Project, Kasibugga.

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Even on a perusal of the appointment order of the petitioner dated 25.05.2015, it can be seen that the respondents have specifically mentioned that if at all they find that the petitioner has submitted wrong information with regard to nativitiy, education, date of birth, caste certificate petitioner’s services shall be terminated with immediate effect without any notice. As the petitioner has submitted a forged marriage^{certificateandhas} sought appointment to the said post, the respondents, after duly conducting an enquiry, have terminated the petitioner vide the impugned proceedings. As it was mentioned in the appointment order itself that a candidate could be terminated from service without any notice if at all any fraud is noticed on behalf of the candidate, this Court finds no wrong on behalf of the respondents in terminating the petitioner herein as she got selected for the post of angnawadi assistant by submitting forged marriage certificate; vide the impugned proceedings dated 31.07.2015.

¶51

In view of the above, this writ petition is dismissed. There shall be no order as to costs.

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Consequently, miscellaneous applications, pending, if any, shall also stand closed.

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Sd/- A. VfJAYA BABU ASSJSTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

^rOne CC to SRI. VINOD KUMAR TARLADA Advocate [OPUC]

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2.^'wo CCs to GP FOR WOMEN DEV-CHILD WELFARE(AP) ,High^CourtOf Andhra Pradesh. [OUT]

¶59

Two CCs to GP FOR REVENUE (AP) .High Court Of Andhra Pradesh. [OUT]

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THREE CD Copies

HIGH COURT

DATED: 11/09/2024

ORDER

WP.No.25572of2015

OF ANO/7/^
g 10 MAR 2025 S
^ Current Section

¶66

DISMISSING THE WP

¶67

WITHOUT COSTS

Gorakala Lakshmi, W/o. Late Dasari Suryanarayana, v. The State of Andhra Pradesh, Rep., by its

Case brief

What is this about?

What did the court decide?

Gorakala Lakshmi, W/o. Late Dasari Suryanarayana, v. The State of Andhra Pradesh, Rep., by its

Case brief

What is this about?

What did the court decide?

What the court decided

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