Andhra Pradesh High Court
WP/31213/2024 of S ADI LAKSHMI Vs THE STATE OF AP on 31 December 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31213/2024 Between: S Adi Lakshmi and Others ...PETITIONER(S) AND The
APHC010595442024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330](Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAOWRIT PETITION NO: 31213/2024
Between:
S Adi Lakshmi and Others ...PETITIONER(S)
AND
...RESPONDENT(S)
The State Of AP and Others
Counsel for the Petitioner(S):
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1. PARIMI RAMA RAYUDU
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
The Court made the following order:-
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a writ, order or orders more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondent Nos.3 to 6 herein in not refraining the authorities of the Respondent No.7 School and Respondent No.8 herein from occasional interference with the discharge of public duty by the Petitioners as cooks in Respondent No.7 School, as illegal, arbitrary, contrary to Proc.Rc.No.27021/MDM-ll/2020 dated 29-01-2020 issued by the Commissioner of School Education, Andhra Pradesh, devoid of principles of natural justice, and in violation of Articles 14 and 21 of the Constitution of India, and Consequently, direct the authorities of the Respondent No.7 School to continue the Petitioners from discharging their duties as cooks in Respondent No.7 School, and pass such other order or orders.…”
2. The grievance of the petitioners, in brief, in the present writ petition is that in the year 2006, the petitioners were appointed as cooks under the Mid-day meal scheme in M.P.P.School, T.K.Puram Village, Pitchatur Mandal, Tirupati District. Since then, the petitioners are discharging duties without any blemish. Recently, respondent No.7-School authorities along with some other members belonging to the current political party in-power are interfering with the petitioners’ duties. Then, the petitioners made a representation dated 23.09.2024, requesting the authorities to abstain from such interference. So far, no action has been initiated. Aggrieved by the same, the present writ petition is filed.
3. Heard learned counsel for the petitioners and learned counsel for the respondents.
4. Principles of natural justice are those which have been laid by the Courts are being minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by the authority, which making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. Natural justice is deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principles of natural justice is the prevention of miscarriage of justice. It also violates the principle of fair play and natural justice as well, the opportunity of hearing is not shunned under any of the laws.
5. Therefore, this Court is inclined to dispose of the writ petition directing the respondents to allow the petitioners to implement the Mid-day meals program to the aforesaid school. If at all, the respondents are not intending to allow the petitioners to implement the Mid-day meals program to the aforesaid school, they should take recourse of law by issuing show cause notice and by passing appropriate orders, after calling explanation and hearing of the petitioners.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed.
Date: 31.12.2024KBN
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JUSTICE TARLADA RAJASEKHARA RAO
12
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No.31213 of 2024
Date: 31.12.2024
KBN