Writ petition challenging termination of petitioner as Anganwadi Worker and filling of vacancy was dismissed as infructuous since posts were filled via fresh recruitment after petition filing, rendering cause of action extinguished.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE FIFTH DAY OF SEPTEMBER ^ TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SMT. JUSTICE V.SUJATHA "
WRIT PETITION NO: 36115 OF 2015
Between:
Smt.M.Ch.Lalitha Kumari, W/o. Ramesh, Anganwadi Worker, R/o. Kanamaralapudi Village & Post, Savlyapuram Mandal, Guntur District.
...PETITIONER
AND
...RESPONDENTS
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 directionmoreinthenature of WRIT OF MANDAMUS declaring the proceedings of the 3'^'^ respondent issued in Rc.No.672/A2/2015, dated 23-06-2015, the proceedings of the 4 th respondent issued in Memo.No.672/A2/2015, dated 31-07-2015, the proceeding of the 6‘^ respondent in proceeding No.02/JA/2015, dated 06-08-2015 in terminating the services of the petitioner as anganwadi Worker of Anganwadi Center, Kanamaralapudi, Savaiyapuram Mandal, Guntur District and the notification No.02/2015 ICDS Project, Vinukonda, Guntur District dated 14-09-2015 issued by the 6'*^ respondent so far proposing to fill up the vacancy of Anganwadi Worker at Anganwadi Centre, Kanamarlapudi, Savaiyapuram Mandal, Guntur District is concerned as illegal, arbitrary, contrary to the guide lines issued G.O.Ms.No.42 Women Development and Child Welfare and Disables Welfare (ICDS) Department dated 21-11-2008 issued by the 1®' respondent, disproportionate and malafide, set aside those proceedings and consequently direct the respondents to continue the petitioner as Anganwadi Worker at Kanamarlapudi Anganwadi Center, Savaiyapuram Mandal,Guntur District forthwith.
I.A. NO: 1 OF 2015tWPMP. NO: 46452 OF 2015)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to continue the petitioner as Anganwadi Worker at Anganwadi Center, Kanamarlapudi, Savaiyapuram Mandal, Guntur District by paying the arrears of honorarium due by suspending the proceedings of the 3 rd respondent issued in Rc.No.672/A2/2015, dated 23-06-2015 the proceedings of the 4 th respondent issued in Memo No.672/A2/2015, dated 31-07-2015, dated 06-08-2015 in terminating the services of the petitioner as Anganwadi
Worker of Anganwadi Center, Kanamarlapudi, Savalyapuram Mandal, Guntur District and the notification No.02/2015 ICDS Project, Vinukonda, Guntur District dated 14-09-2015 issued by the 6*^ respondent so far as Anganwadi Centre, Kanamalapudi, Savalyapuram Mandal,GunturDistrictis concerned pending disposal of the Writ Petition.
Counsel for the Petitioner : SMT. HARIJA AKKINENI
Counsel for the Respondents : GP FOR WOMEN DEVELOPMENT & CHILD WELFARE
The Court made the following: ORDER
r
APHC010691972015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3333]
(Special Original Jurisdiction)
THURSDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 36115/2015
Between:
Smt.m.ch.lalitha Kumari, W/o Ramesh ...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.HARIJA AKKINENI
Counsel for the Respondent{S):
1 .GP FOR WOMEN DEV-CHILD WELFARE(AP)
2.GP FOR WOMEN DEV CHILD WELFARE(AP)
The Court made the following:
2
<r
ORDER:
The present Writ Petition came to be filed under Article 226 of the
Constitution of India seeking the following relief:-
“...fo issue an appropriate writ, order or direction more in the nature of WRiT OF MANDAMUS deciaring the proceedings of the respondentissued in Rc.No.672/A2/2015, dated 23.06.2015, the proceedings of the 4^ respondent issued in Memo.No.672/A2/2015, dated 31.07.2015, the proceeding of the 6^" respondent in Proceedings No.02/JA/2015, dated 06.08.2015 in terminating the services of the petitioner as Anganwadi Worker of Anganwadi Center, Kanamaralapudi, Savalyapuram Mandal, Guntur District and the notification No.02/2015 ICDS Project, Vinukonda, Guntur District dated 14.09.2015 issued by the 6"’ respondent so far proposing to fill up the vacancy of Anganwadi Worker at Anganwadi Centre, Kanamarlapudi, Savalyapuram Mandal, Guntur District is concerned as illegal, arbitrary, contrary to the guide lines issued G.D.Ms.No.42 Women Development and Child Welfare and Disables Welfare ICDS Department dated 21112008 issued by the 1 St respondent. disproportionate and malafide, set aside those proceedings and consequently direct the respondents to continue the petitioner as Anganwadi Worker at Kanamarlapudi Anganwadi Center, Savalyapuram Mandal, Guntur District forthwith and pass such other order or orders... ”
- Today, when the matter came up for hearing, learned Government Pleader for Women Development and Child Welfare has informed this Court that pending the present writ petition, the Child Development Project Officer, Vinukonda, issued a fresh notification No.2/2015, dated 14.09.2015 and 03/DE02/2015, dated 14.09.2015 and in pursuance of the said notification, the interview was conducted on 07.10.2015 and all the vacant posts, including 4 Anganwadi Centers, where the petitioner worked and which posts are lying vacant, were filled up with other candidates by the Committee vide proceeding NO.04/JA/2015-1, dated 12.01.2016.
3
*■»
/
in the writ petition would not survive for Court is of the opinion that the cause adjudication
infructuous. There shall be 4. Accordingly, the writ petition is dismissed as no order as to costs.
stand closed. As a sequel, pending miscellaneous petitions, if any, shall
Sd/- P.VENKATA RAMANA //TRUE COPY// JOINT REGISTRAR
SE N OFFICER
To
Cnr
HIGH COURT
DATED:05/09/2024
ORDER
WP.No.36115 of 2015
5 0 8 OCT 2024 a
O
^ Current Section ^
DISMISSING THE W.P. AS INFRUCUTOUS WITHOUT COSTS
1 issue framed by the court
Whether the writ petition challenging termination of petitioner as Anganwadi Worker survives posting of the matter.
Smt.M.Ch.Lalitha Kumari
The State of Andhra Pradesh
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
