Andhra Pradesh High Court - Amravati
Smt. J. Yasodamma vs State Of Andhra Pradesh, ... on 2 May, 2023
HONOURABLE SMT. JUSTICE V. SUJATHA
WRIT PETITION No.16313 OF 2015
ORDER:
The present writ petition came to be filed under Article 226
of the Constitution of India seeking the following relief:
"...to issue a writ or order orders or directions
particularly in the nature of Writ of Mandamus
declaring the action of the respondents in
terminating the services of the petitioner as Ayah in
the second respondent Project as illegal and
arbitrary and consequently direct the respondents to
reinstate the petitioner into the services as Ayah in
the second respondent Project..."
2. In pursuance of the notification issued by the 2nd
respondent in the year 2013, calling for applications for
appointment to the post of Ayah in the ICDS Project, Anantapur,
the petitioner, has submitted an application to the said post.
Thereafter, the petitioner was appointed as Ayah in the said
project after duly conducting an interview. She joined the services
on 03.12.2013 and was being paid an honorarium of Rs.2,200/-.
3. While the matter being so, the 2nd respondent vide
memo No.01/8/ICDS/2014 dated 22.10.2014, stopped the
payment of honorarium to the petitioner and directed the
petitioner to furnish the educational certificates. In response to
the said memo, the petitioner had produces all the certificates
and was also being continued as ayah in the said project and was
also being paid the honorarium.
4. But, however, vide proceedings dated 04.05.2015, the
2nd respondent has served a memo, terminating the petitioner
from her services indicating that she had furnished a false
certificate with respect to her educational qualification of 7th
class, on the instructions of the 1st respondent i.e., the District
Collector. Challenging which the present writ petition has been
filed.
5. When the writ petition came up for admission on
18.06.2015, this Court was pleased to pass the following interim
order:
"The petitioner was terminated from service by the
2nd respondent herein on the ground that the petitioner has
produced a fake 7th class certificate and obtained the job of
Anganwadi helper. The impugned order does not show on
what basis the 2nd respondent came to the conclusion that
the certificate is fake. Further, it does not reflect as to
whether any notice has been issued to the petitioner calling
for her explanation.
In the circumstances, the impugned order dated
04.05.2015 terminating the services of the petitioner is
suspended and the 2nd respondent is directed to admit the
petitioner into duties until further orders."
6. However, it appears that no show cause notice was
given to the petitioner and no enquiry was conducted before
issuing the impugned termination order, which is admittedly in
violation of principles of natural justice.
7. For better appreciation of the case, this Court feels it
appropriate to refer to a judgment of the Hon'ble High Court of
Madhya Pradesh, in the case of the High Court of Madya
Pradesh Vs. Sunita Joshi, dated 09.07.2020, wherein, under
similar circumstances, the Court has held as follows:-
"5. Having heard the learned counsel for appellant
and perusal of the record, it is noticed that the procedure for
termination of Anganwadi Worker has been prescribed in the
policy circular of the government dated 10.07.2007. In term
of Clause D-1 of the circular, the services of Anganwadi
Worker can be terminated on the ground of not running the
Anganwadi Kendra as per rules or committing lapse in
performing the day. In such exigency, the project officer or
other higher officer can terminate the services of Anganwadi
Worker after giving an opportunity of hearing and on finding
her guilty in the enquiry. Hence, an enquiry is clearly
contemplated before termination of Anganwadi Worker.
Learned Single judge has taken notice of the division bench
judgment in the case of Smt. Parvati pawar Vs. State of MP
passed in W.A No.111/2018 decided on 18.02.2019
wherein the aforesaid policy of the government has duly
been considered and the necessity of following the principles
of natural justice and conducting enquiry has been
reiterated."
8. In the present case, on a direction given by the
District Collector, that the petitioner has obtained job by
furnishing fake certificate of 7th class and marks list certificate,
the 2nd respondent has terminated the petitioner vide
proceedings dated 04.05.2015, without conducting any enquiry
and affording any opportunity of hearing.
9. Today, when the writ petition came up for hearing,
the learned Government Pleader for Women Development and
Child Welfare on instructions had submitted that in pursuance of
the interim orders granted by this Court, the petitioner has been
continued in service and as on today, she is working in the same
project as Ayah without any break in the service.
10. In view of the above, the present writ petition is
allowed by setting aside the impugned memo dated 04.05.2015,
of the 2nd respondent. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, shall
stand closed.
________________
V. SUJATHA, J
Date: 02.05.2023.
GSS
HONOURABLE SMT. JUSTICE V. SUJATHA
W.P. No.16313 OF 2015
Date:02.05.2023
GSS
