Andhra Pradesh High Court
WRIT PETITION 8316 of 2018 on 27 October 2013
IN THE HIGH COURT OF ANDHRA PRADESH(Special Original Jurisdiction)
AMARAVATI
WEDNESDAY, THE TWENTY SIXTH DAY OF MARG^
o
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 8316 OF 2018
Between:
M.Venkata Lakshmi, W/o Srinivas, aged about 47 years, R/o D.No.5-19,RajayyapetaVillage,AddaripetaPost,PayakaraopetaMandal,Visakhapatnam District
AND
...Petitioner
1.The State of Andhra Pradesh, Rep. by its Principal Secretary, WomenDevelopment and Child Welfare Department, Secretariat Building,Velagapudi, Guntur District.Development and Child Welfare Department, Secretariat Building,Velagapudi, Guntur District.
2.The Projector Director, Women Child Welfare Office, MVP Colony,Visakhapatnam.Visakhapatnam.
3.The Child Development Officer, ICDS, Nakkapaili, VisakhapatnamDistrict.District.
...Respondents
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue an appropriate writ, order or direction more particularlyonein the nature of Writ of Mandamus declaring the action of the 2ndrespondent in not appointing the petitioner as Supervisor AAW inspite ofselected under BCB category in the written test conducted on 27.10.2013
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withHall Ticket No. 133424 and the 3rdrespondentfailedto pay thesalaries to the petitioner from October, 2009 to December, 2010 is illegal,arbitrary and in violation of Articles 14 and 16 of the Constitution of Indiaand consequently direct the 2nd respondent to appoint[the]petitioner asSupervisor AAW with all consequential benefits.
lA NO: 1 OF 2ni«
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the 3rd respondent to pay the salaries to the petitioner forthe period October, 2009 to December2010 pending disposal of the writpetition.
Counsel for the Petitioner: SRI. V V N NARAYANARAOCounsel for the Respondents: GP FOR WOMEN DEV
CHILD WELFARE
The Court made the following order:
APHC010190702018
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3396]
WEDNESDAY, THE TWENTY SIXTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVEPRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPAWRIT PETITION NO: 8316/2018
Between:M.Venkata Lakshmi
...PETITIONER
AND
The State Of Andhra Pradesh and OthersCounsel for the Petitioner:1.VVN NARAYANARAOCounsel for the Respondent(S):1.GP FOR WOMEN DEV CHILD WELFARE(AP)
...RESPONDENT(S)
The Court made the following:
ORDER:
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The instant Writ Petition is filed by the Petitioner seeking indulgence ofthis Court under Article 226 of the Constitution of India for the following relief:
.... to issue an appropriate writ order or direction more particularly one inthe nature of Writ of Mandamus declaring the action of the 2"'’ respondent innot appointing the petitioner as Supervisor AAW in spite of selected underBCB category in the written test conducted on 27.10.2013 withHall TicketNo.133424 and the 3^^^ respondent failed to pay the salaries to the petitionerfrom October 2009 to December 2010 is illegal, arbitrary and[ in][ violation][ of]ndArticles 14 and 16 of the Constitution of India and consequently, direct the 2respondent to appoint the petitioner as Supervisor AAW with all consequentialbenefits."
2. Heard Sri V.V.N.Narayana Rao, learned counsel for the Petitioner and learned Assistant Government Pleader for Women and Child Welfare appearingfor respondents. Perused the material on record.
3. Leaned counsel for the Petitioner would submit that thePetitionerjoined as Anganwadi Worker at Korlayyapetain the month of August, 2002under the jurisdiction of respondent No.3. Learned counsel would further submit^that during the pendency of this Writ Petition, now the Petitioner has become asAnganwadiSupervisor.Oninstructions,learnedcounselsubmitsthatthePetitionerisrestricting her prayer to direct therespondentauthoritiesforpayment of salary to her for the period from October, 2009 to December, 2010.4. Learned Assistant Government Pleader would submit that the PetitionerIS a regular absconder and that her request for payment of salary from October,2009 to December, 2010 cannot be entertained and requested for dismissalofthe Writ Petition.
5. At this juncture, learned counsel for the Petitioner would submit thatPetitioner worked as Anganwadi Worker from October, 2009 to December, 2010without there being any reason. Even thereis no order of removalof thepetitioner or any Show-Cause notice was issued to the petitioner. Despite, thePetitioner sought for certain information under Right to Information fromtheoffice of respondents 2 and 3, no information was received so far.Finally, learnedcounsel prays that a direction may be given to respondent No.3 to verify relevantrecords as to the Petitioner attended duty for the relevant periodi.e., fromOctober, 2009 to December, 2010 and grant salary accordingly.
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6. Considering the submissions, it is apposite to direct respondent No.3toverify the relevant records personally with regardto the attendanceof thePetitioner as Anganwadi Worker during the relevant period i.e., from October, 2009 to December, 2010 and grant salary to the Petitioner for the said relevantperiod.In case, the respondent authorities find that the petitioner failed toattenddutyfortherelevantperiod,communicatethesaidfact.toher,accordingly.
7. With the above direction, the Writ Petition is disposed[of.]No order as to costs.
To
Pending applications, if any, shall stand closed Sd/-U. SRIDB^//TRUE COPY//assistant registrarSECTION OFFICER
1. The Principal Secretary, Women Development and Child[Welfare]Department, State of Andhra Pradesh, Secretariat Building,[Velagapudi]Guntur District.Department, State of Andhra Pradesh, Secretariat Building,[Velagapudi]Guntur District.
2. The Projector Director, Women Child Welfare Office,[MVP][ Colony,]Visakhapatnam.Visakhapatnam.
3. The Child Development Officer, ICDS, Nakkapalli,[Visakhapatnam]District.District.
4. One CC toSri. V V N Narayana Rao Advocate [OPUC]
5. Two CCs to GP for Women Dev Child Welfare, High[Court][ Of][ Andhra]Pradesh. [OUT]Pradesh. [OUT]
6. Three CD Copies
GSC
HIGH COURTDATED:26/03/2025
ORDERWP.No.8316 of 2018
DISPOSING THE WPWITHOUT COSTS
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