Writ petition arose from wrongful appointment of a non-resident for an Anganwadi post, violating eligibility terms. The High Court observed that the appointment was withdrawn due to non-sanctioned budget and supersession, resulting in closure of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HON’BLE SMT. JUSTICE V.SUJATHA
WRIT PETITION NO: 39103 OF 2015
Between:
Simma Usha, W/o. Epili Lachaiah, Aged 26 Years, R/o. Occ: House making R/o. 2/92, Paddveedi, Kesari pada Village, Kanchili Mandal, Srikakulam District, A.P.
...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 order or direction or writ of Mandamus declaring the Proc No174/RDO/Tekkali/2015dated 30/09/2015 issued by the 4 th respondent appointing 5*^ respondent as Nutritional Counselor - cum Assistant Anganwadi worker in Anganwadi Center Kessaripadu - I of Kanchili Mandal of Srikakulam district as illegal null and void and voilative of
w
terms and conditions of appointments to the said post and voilative of Article 14 , 16 and 21 of constitution of India and set aside the said order appointing 5th respondent to said post and consequentially direct the respondents to appoint the petitioner herein in the said post of Nutritional Counselor - cum - Assistant Anganwadi worker in Anganwadi Center Kessarjpadu - I . In the interest of justice and equity.
I.A. NO: 1 OF 2015rWPMP. NO: 50411 OF 20151
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order in Proc No. 174/RDO/Tekkali/2015 dated 30-09-2015 passed by the 4‘^ respondent appointing 5*'' respondent to the post of Nutritional Counselor - cum - Assistant Anganwadi worker in Anganwadi Center Kesarpadi - I of Kanchili Mandal, Srikakulam District, pending final disposal of this writ petition in the interest of justice and equity.
Counsel for the Petitioner; SRI K. MANIK PRABHU
Counsel for the Respondents: GP FOR WOMEN DEVELOPMENT &
CHILD WELFARE
The Court made the following; ORDER
APHC010184482015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3333]
THURSDAY .THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 39103/2015
Between:
Simma Usha, Srikakulam Dist.,a.p. ...PETITIONER
AND
The Dist Project Director Woman Child Srikakulam 5 Otrs ...RESPONDENT(S) and Others
Counsel for the Petitioner:
1.KMANIK PRABHU
Counsel for the Respondent(S):
1.GP FOR WOMEN DEV-CHILD WELFARE(AP)
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“...to issue an order or direction or writ of Mandamus declaring the Proc No174/RDO/Tekkali/2015 dated 30/09/2015 issued by the 4th respondent appointing 5th respondent as Nutritional Counselor cum Assistant Anganwadi worker in Anganwadi Center Kessaripadu I of Kanchili Mandal of Srikakulam district as illegal, null and void and voilative of terms and conditions of appointments to the said post and voilative of Article 14, 16 and 21 of constitution of India and set aside the said order appointing 5‘^ respondent to said post and consequentially olrect the respondents to appoint the petitioner herein in the said post of Nutritional Counselor cum Assistant Anganwadi wprker in Anganwadi Center Kessaripadu I In the interest ofjustice and equity...’’.
- Brief facts of the case are that the 3'^'^ respondenthascalledfor applications from eligible candidates for filling up the post of Nutrition Counselor-cum-Assistant Anganwadi worker in 96 centres of Kanchilli mandal; that the petitioner being eligible for the said post has applied for the same along with few others. The petitioner was subjected to interview on 21.04.2015. Subsequently, the 5**^ respondent hereinwasselectedforthesaid post of Nutrition Counselor-cum-Assistant Anganwadi worker in Kesaripada-I anganwadi center.
- As per the terms and conditions issued by the RevenueDivision Officer, Tekkali-4*^ respondent, a married woman between the age group 21 and 35 who is a resident of the territorial jurisdiction of the anganwadi center and who has passed class 10 would be eligible for the post of Nutrition Counselor-cum-Assistant Angaqy/acii worker. The case of the petitioner is that
though the 5^^ respondent is not a resident of Kesaripadu-I jurisdiction, she was appointed to the aforesaid post in Kesaripadu-I anganwadi center. Hence the present writ petition is filed.
- Heard learned counsel for the petitioner and learnedGovernment Pleader for Women Development and Child Welfare.
- Today when the writ petition came up for hearing, learned Government Pleader has produced a copy of G.O.Ms.No.15, Department for Women, Children, Differently Abled and Senior Citizens, dated 30.11.2017 wherein it is stated that the Special Commissioner, WD&CW, A.P., vide letter dated 06.09.2017 has stated that the Government of India vide letter dated 17.07.2017 has communicated Minutes of EPC and Administrative Approval of Annual Programme Implementation plan (APIP)-2017-18 for anganwadi services scheme under Umbrella ICDS, wherein the budget for the link workers, other contractual posts and other posts has not been sanctioned by the Ministry of GOI and stated that the expenditure shall be borne by the respective States/UTs. It is further stated that the Government has accorded permission to the Special Commissioner, W.D.&C.W., department, Guntur to withdraw the services of additional anganwadi workers-cum-Nutrition counsellors in high burden districts viz., Srikakulam and Guntur Districts. It is further stated that in pursuance of the aforesaid directions passed in G.O.Ms.No.15, dated 30.11.2017, the appointmen^Df the respondent was withdrawn.
is
- Accordingly, this writ petition is closed. There shallbenoorderas
to costs.
Consequently, miscellaneous applications, pending, if any, shall also
stand closed.
//TRUE COPY//
Sd/-U.SR1 DEV! ASSISTANT REGISTRAR
SECTION OFFICER
To,
Cnr
HIGH COURT
DATED:12/09/2024
ORDER
WP.No.39103 of 2015
(i 15 FEB 2025 }
Currem Section . ^
CLOSING THE W.P. WITHOUT COSTS
Simma Usha
State of A.P. Rep. by its Dept, for Women Developments andChild Welfare
V.SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
