Andhra Pradesh High Court - Amravati
K Prameela, vs The State Of Andhra Pradesh on 14 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [ 3328 ]
(Special Original Jurisdiction)
WEDNESDAY ,THE FOURTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION NO: 3794 OF 2024
Between:
1. K Prameela,, W/o. Sukumar, age 58 years, Occ- Anganwadi Worker, R/o.
Rajiv Colony Anganwadi Center, Kuppam Village, Kuppam Mandal, Chittoor
District, Andhra Pradesh.
...PETITIONER(S)
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Women and
Child Welfare Department, Secretariat, Velagapudi, Guntur District.
2. The Director, Women and Child Welfare Department, Jampani Towers,
Amaravathi Road, Guntur.
3. The District Collector and Chairman, District Selection Committee of
Anganwadi Workers, Chittoor, Chittoor District.
4. The Project Director, District Women and Child Welfare Department, Chittoor,
Chittoor District.
5. The Child Development Project Officer, ICDS Project, Kuppam, Chittoor
District
...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 tomay be pleased to issue a writ, order or orders, direction more
particularly one in the nature of writ of mandamus declaring the action of 5th
Respondent in terminating the petitioner from the post of Anganwadi Worker,
Rajiv Kuppam, Chittoor District vide ProceedingsColony Anganwadi Center,
NO.258/A2/2023-24, dated 30-10-2023, without any enquiry or affording
opportunity of hearing, as wholly without jurisdiction, illegal, arbitrary, contrary to
the guidelines issued by the Government and judgments of this Hon'ble Court
and violative of the Articles 14, 16 and 21 of Constitution of India and
consequently, set aside the Termination Order vide Proceedings
NO.258/A2/2023-24, dated 30-10-2023 and pass
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased may
be pleased to suspend the Proceedings No.258/A2/2023-24 dated 30-10-2023
issued by the 5^ respondent and allow the petitioner to discharge her duties as
Anganwadi Worker in Rajiv Colony Anganwadi Center, Kuppam, Chittoor District
pending disposal of the above writ petition and to pass
Counsel for the Petitioner(s):SRI. SRINIVASA RAO BODDULURI
Counsel for the Respondents: GP FOR WOMEN DEV CHILD WELFARE (AP)
The Court made the following:
Heard Sri Vinod Kumar, Learned Counsel appearing on behalf of Sri B.
Srinivasa Rao, Learned Counsel for the Writ Petitioner and Smt. M.K.
Tirupama Devi, Learned Assistant Government Pleader For Women and Child
Welfare appearing for all the Respondents (Respondent Nos.1 to 5).
2. Learned Counsel for the Writ Petitioner has taken this Court through
the Proceedings of the Show-Cause Notice dated 03.10.2023 (Ex.P.2), the
explanation given by the Writ Petitioner on 06.10.2023 to the Show-Notice
(Ex.P.3) and also the impugned order dated 30.10.2023 (Ex.P.1).
3. Learned Counsel for the Writ Petitioner would submit that the Writ
Petitioner has participated in a peaceful demonstration in order to seek some
demands - employment related demands against the Government.
4. Learned Counsel for the Writ Petitioner has also submitted that the
Impugned Orders have violated the principles of natural justice, besides being
arbitrary, and also violative of Article 19 (1) (c) of the Constitution of India, in
as much as the right to hold peaceful protest and demonstrations is a
fundamental right. He also submits that insofar as the other allegations in the
Show-Cause Notice dated 03.10.2023 that the Writ Petitioner is negligent in
performing duties, is also vague in nature without there being any specific
instance that is pointed out.
5. Having considered the above mentioned documents and also
submissions made by the Learned Counsel for the Writ Petitioner, this Court
prima facie, is of the view that the balance of convenience is in favour of the
Writ Petitioner. Hence, the Impugned Order dated 30.10.2023 (Ex.P.1) shall
remain suspended until further Orders;b with a further direction to the
Respondents (Competent Authority) to reinstate the Writ Petitioner into
service within one (01) week from today.
6. Let Counter-Affidavit be filed within three (03) weeks. One week
thereafter for filing Re-joinder, if any.
7. List the matter on 27.03.2024.
______________________________________
GANNAMANENI RAMAKRISHNA PRASAD, J
Note:- Issue C.C. by today,
B/o.
KPV
