V Subhan Bi vs Ananthapur on 20 February, 2026

    0
    19
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    V Subhan Bi vs Ananthapur on 20 February, 2026

    APHC010130022025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI             [3460]
                              (Special Original Jurisdiction)
    
               FRIDAY, THE TWENTIETH DAY OF FEBRUARY
                   TWO THOUSAND AND TWENTY SIX
    
                                   PRESENT
    
           THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
    
                          WRIT PETITION NO: 6854/2025
    
    Between:
    
       1. V SUBHAN BI, W/O MASTHANVALI, EX. COOKING AGENT,
          AGED ABOUT 43 YEARS,       S.P. GOVT. GIRLS HIGH
          SCHOOL, ADDANKI-523 201, ADDANKI MANDAL, BAPATLA
          DISTRICT, R/O DOOR NO. 16-60-1, DAMAVARIPALEM,
          ADDANKI, ADDANKI MANDAL, BAPATIA DISTRICT, A.P.
    
                                                        ...PETITIONER
    
                                     AND
    
       1. THE STATE OF ANDHRA PRADESH, REP. BY ITS
          PRINCIPAL SECRETARY,       SCHOOL EDUCATION
          DEPARTMENT,    SECRETARIAT,      VELAGAPUDI,
          AMARAVATHI, GUNTUR DISTRICT.
    
       2. THE DISTRICT           COLLECTOR,     BAPATLA    DISTRICT,
          BAPATLA.
    
       3. THE REVENUE DIVISIONAL               OFFICER,    BAPATLA,
          BAPATLA DISTRICT.
    
       4. THE DISTRICT EDUCATIONAL              OFFICER,    BAPATLA
          DISTRICT, BAPATLA.
    
       5. THE    MUNICIPAL     COMMISSIONER,       ADDANKI
          MUNICIPALITY, ADDANKI, BAPATLA DISTRICT.
                                       2
    
    
    
    
       6. THE CONVENER AND MANDAL EDUCATIONAL OFFICER,
          ADDANKI MANDAL, ADDANKI, BAPATLA DISTRICT.
    
       7. THE MANDAL PARISHAD DEVELOPMENT OFFICER,
          ADDANKI MANDAL, ADDANKI, BAPATLA DISTRICT.
    
       8. THE CHAIRMAN AND TAHSILDAR, ADDANKI MANDAL,
          ADDANKI, BAPATLA DISTRICT.
    
       9. THE SCHOOL MANAGEMENT COMMITTEE SMC, REP.BY
          ITS CHAIRMAN TALLURI PRAVEEN KUMAR, S.P. GOVT.
          GIRLS HIGH SCHOOL, ADDANKI, BAPATIA DISTRICT.
    
       10. THE HEAD MASTER, S.P. GOVT. GIRLS HIGH SCHOOL,
           ADDANKI ADDANKI MANDAL, BAPATIA DISTRICT.
    
       11. SRI K SRINIVASA RAO, HEAD MASTER, S.P. GOVT.
           GIRLS HIGH SCHOOL ADDANKI,ADDANKI MANDAL,
           BAPATLA DISTRICT.
    
       12. SMT SHAIK MASTHAN BI, W/O SHAIK KASIM SAHEB
           PRESENTLY COOKING AGENT, S.P. GOVT. GIRLS HIGH
           SCHOOL, ADDANKI,   ADDANKI MANDAL, BAPATLA
           DISTRICT.
    
                                                    ...RESPONDENT(S):
    
          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 a writ order or direction more
    particularly one in the nature of writ of Mandamus, to declare the
    action of the respondents No.6 to 10 (Mandal Level Mid-Day Meal
    Scheme Committee) issued Proceedings in Rc.No.SPL/MDM/2019,
    Dated 22-10-2024 removed the petitioner from duties as Cooking
    agent in implementing the Mid- Day-Meal agency in S.P. Govt. Girls
    High School, Addanki, Addanki Mandal, Bapatia District and
    subsequent Proceedings Dated 23-10-2024 issued by the 10th
    respondent are illegal, arbitrary, violation of rules in G.O.Ms.No.94
    Education(SE-PROG-l) Department dated 25-11-2002, also violation
    of Art. 14, 16 and 21 of the Constitution of India, set-aside the same
                                        3
    
    
    
    
    and consequently direct the respondents No. 6 to 10 to reinstate the
    petitioner in service as Cooking agent in S.P. Govt. Girls High
    School, Addanki, Addanki Mandal, Bapatla District and to pass such
    other order.
    
    IA NO: 1 OF 2025
    
          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 to direct the respondents No. 6 to 10
    to continue the petitioner in service as Cooking agent in S.P. Govt.
    Girls High School, Addanki, Addanki Mandal, Bapatia District by
    suspending the Proceedings in Rc.No.SPL/MDM/2019, Dated 22-
    10-2024 of the respondents No.6 to 10 (Mandal Level Mid-Day Meal
    Scheme Committee) and subsequent Proceedings Dated 23-10-
    2024 issued by the 10th respondent pending disposal of the above
    writ petition and pass such other order.
    
    Counsel for the Petitioner:
    
       1. D KASIM SAHEB
    
    Counsel for the Respondent(S):
    
       1. GP FOR REVENUE
    
       2. GP FOR SCHOOL EDUCATION
    
       3. VINOD KUMAR PEMMASANI
    
       4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram
          Panchayats
    
                       WRIT PETITION NO: 6264/2025
    
    Between:
    
       1. ALLU JAYAMMA, W/O SRINIVASA RAO, AGED 41 YEARS,
          WORKING AS MDM-HEAD WOMEN-COOK-CUM-HELPER IN
          ZALLA PARISHAD SCHOOL, M.S.R.PURAM, VANGARA
          MANDAL, VIZIANAGARAM DISTRICT, R/O PEDDA VEEDHI,
          M.S.R.PURAM, VANGARA MANDAL, VIZIANAGARAM DISTRICT.
                              4
    
    
    
    
                                              ...PETITIONER
    
                           AND
    
    1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL
       SECRETARY,    SCHOOL     EDUCATION    DEPARTMENT,
       SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR
       MANDAL, GUNTUR DISTRICT.
    
    2. THE DISTRICT COLLECTOR, ERSTWHILE SRIKAKULAM
       DISTRICT, PRESENTLY VIZIANAGARAM DISTRICT.
    
    3. THE DISTRICT EDUCATIONAL OFFICERCUMMEMBER OF
       MIDDAY MEALS, ERSTWHILE      SRIKAKULAM DISTRICT,
       PRESENTLY VIZIANAGARAM DISTRICT.
    
    4. THE MANDAL DEVELOPMENT OFFICERCUMMEMBER OF
       MIDDAY    MEALS,   VANGARA   MANDAL,     ERSTWHILE
       SRIKAKULAM    DISTRICT, PRESENTLY    VIZIANAGARAM
       DISTRICT.
    
    5. THE  TAHSILADARCUMMEMBER      OF MIDDAY MEALS,
       VANGARA MANDAL, ERSTWHILE SRIKAKULAM DISTRICT,
       PRESENTLY VIZIANAGARAM DISTRICT.
    
    6. THE MANDAL EDUCATIONAL OFFICER CUMMEMBER OF
       MIDDAY    MEALS,   VANGARA   MANDAL,     ERSTWHILE
       SRIKAKULAM    DISTRICT, PRESENTLY    VIZIANAGARAM
       DISTRICT.
    
    7. THE HEAD MASTERCUMMEMBER OF MIDDAY MEALS, ZILLA
       PARISHAD HIGH SCHOOL, M.S.R.PURAM, VANGARA MANDAL,
       VIZIANAGARAM DISTRICT.
    
    8. THE SCHOOL MANAGEMENT COMMITTEE, REP BY ITS
       CHAIRMAN, ZILLA PARISHAD HIGH SCHOOL, M.S.R.PURAM,
       VANGARA MANDAL, VIZIANAGARAM DISTRICT.
    
    9. SMT DUPPDA JANIKI, W/O JANARADHAN RAO, AGED ABOUT
       35 YEARS, MDM-HEAD WOMEN-COOK-CUM-HELPER IN ZALLA
       PARISHAD SCHOOL, M.S.R.PURAM, VANGARA MANDAL,
       VIZIANAGARAM DISTRICT.
                                        5
    
    
    
    
       10. THE ANDHRA PRADESH CORPORATION FOR OUTSOURCED
           SERVICEAPCOS, REP BY ITS CHIRPERSON, 2ND FLOOR,
           NTR ADMINISTRATIVE BUILDING, PANDIT NEHRU BUS
           STATION, KRISHNALANKA, VIJAYAWADA, KRISHNA DISTRICT,
           ANDHRA PRADESH - 520002.
    
                                                      ...RESPONDENT(S):
    
          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 a writ, order or direction more in
    the nature of Mandamus declaring the action respondents
    particularly the 2nd to 8th respondents in removing the Petitioner
    from MDM-Head Women-Cook-cum- Helper from the 7th respondent
    School in Zalla Parishad School, M.S.R.Puram, Vangara Mandal,
    Vizianagaram District in pursuance of the 8th respondent in SMC
    Resolution dated 17-02-2025, is illegal, arbitrary, violation of
    Principal of Fundamental Rights under Articles 311(2), 14 and 16 of
    the Constitution of India and violation of the vide G.O. Ms. No. 126,
    dated 18-10-2019 and G.O.Ms.No.l36,04-11-2019 and guidelines
    for engaging Out-Soured Manpower under Guidelines vide Circular
    Memo No.GADOl-SUOMIC/31/2019-SU-I, dated 20-11-2029 and
    also contrary to the G.O.Ms.No.41, dated 19-06-2013 and
    consequently to set-aside the Resolution dated 17-02-2025 of the
    8th respondent and pass such other order.
    
    IA NO: 1 OF 2025
    
          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 to Stay the Resolution dated
    17-02-2025 of the 8th respondent by directing the respondents
    Continue the Petitioner as MDM-Head Women-Cook-cum-Helper in
    Zilla Parishad High School, M.S.R.Puram, Vangara Mandal,
    Vizianagaram District in the 7th respondent School pending disposal
    of the above writ petition and pass such other order.
                                        6
    
    
    
    
    IA NO: 2 OF 2025
    
         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 to receive the counter copies on
    record    by   allowing   the     leave     petition   Writ   Petition
    No.6264 of 2025 in the above writ petition and pass such other
    order.
    
    Counsel for the Petitioner:
    
         1. G SIMHADRI
    
    Counsel for the Respondent(S):
    
    1.   GP FOR REVENUE
    
    2.   GP FOR SCHOOL EDUCATION
    
    3.   K BHEEMA RAO
    
                      WRIT PETITION NO: 2914/2025
    
    Between:
    
         1. PALLA CHINNA NARASIMHA REDDY, S/O PULLAREDDY
            AGED 59 YEARS OCC. COOK (MDM)        O/O ZPHS
            NARAHARIPURAM CHAPADU (M) KADAPA          R/O
            NARAHARIPURAM (V) CHAPADU (M) KADAPA
    
                                                          ...PETITIONER
    
                                    AND
    
         1. THE STATE OF ANDHRA PRADESH, REP BY ITS
            PRINCIPAL  SECRETARY       SCHOOL  EDUCATION
            DEPARTMENT SECRETARIAT VELAGAPUDI AMARAVATHI
            GUNTUR DISTRICT PETITIONER
    
         2. THE DISTRICT EDUCATIONAL OFFICER, KADAPA, YSR
            KADAPA DISTRICT
                                        7
    
    
    
    
       3. THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE
          DIVISION KADAPA YSR DISTRICT
    
       4. THE TAHSILDAR, CHAPADU MANDAL, YSR KADAPA
          DISTRICT
    
       5. THE MANDAL EDUCATIONAL                 OFFICER,      CHAPADU
          MANDAL, YSR KADAPA DISTRICT
    
       6. THE HEAD MASTER, ZPHS NARAHARIPURAM CHAPADU
          (M) KADAPA
    
                                                    ...RESPONDENT(S):
    
          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, writ or direction, more
    particularly one in the nature of WRIT OF MANDAMUS declaring
    the action of respondents not consider petitioner candidature for
    continuing his service as Cook for Mid-day meal agent at ZPHS
    Naraharipuram Chapadu (M) Kadapa and forcing the petitioner to
    drop out from Cooking duties for Mid-day meal programme without
    any show cause notice or proceeding is illegal arbitrary unjust and
    violative of Art 14, 19(1)(g) and 21 of the Constitution of India and
    consequently direct the respondents to continue the petitioner
    service as Cook for Mid-day meal agency at ZPHS Naraharipuram
    Chapadu (M) Kadapa and direct the 5TH and 6TH respondent to
    follow due procedure of law before removing the petitioner from
    duties and pass such other order.
    
    IA NO: 1 OF 2025
    
          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 to direct the respondents to continue
    the petitioner service as Cook for Mid-day meal agency at ZPHS
    Naraharipuram Chapadu (M) Kadapa pending disposal of the above
    writ petition in the interest of justice and pass such other order.
                                    8
    
    
    
    
    Counsel for the Petitioner:
    
         1. PAMARTHY RATHNAKAR
    
    Counsel for the Respondent(S):
    
    1.     GP FOR EDUCATION
    
    2.     GP FOR REVENUE
    
    
    
                     WRIT PETITION NO: 6477/2025
    
    Between:
    
         1. A. CHITTAMMA, W/O. A. GANGADHAR, AGED ABOUT 39
            YEARS, OCC. SCHOOL AYAH, R/O. 2-32, SC COLONY,
            BRAHMANAPALLI VILLAGE, PUTTAPARTHI MANDAL, SRI
            SATHYA SAI DISTRICT.
    
                                                   ...PETITIONER
    
                                  AND
    
         1. THE STATE OF ANDHRA PRADESH, REP BY   ITS
            PRINCIPAL SECRETARY EDUCATION DEPARTMENT
            GOVERNMENT OF ANDHRA PRADESH.
    
         2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT.
    
         3. THE DISTRICT EDUCATIONAL OFFICER, SRI SATHYA SAI
            DISTRICT.
    
         4. THE MANDAL EDUCATIONAL OFFICER, PUTTAPRTHI
            MANDAL, SRI SATYA SAI DIST.,
    
         5. THE     MANDAL    PRAJA   PARISHADS    SCHOOL,
            BRAHMANAPALLI VILLAGE, PUTTAPARTHI MANDAL, REP.
            BY ITS HEAD MASTER
    
                                             ...RESPONDENT(S):
                                        9
    
    
    
    
          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 a writ order or direction more
    particularly one in the nature of Writ of Mandamus declaring that the
    action of the Respondent NO. 5 in removing the petitioner from the
    post of Ayah without giving notice to the petitioner and not
    considering the representation dated 04.01.2025 and 17.01.2025 by
    the respondent No. 2 to 4 is arbitrary unjust and violative of Articles
    14 16 and 21 of the Constitution of India unconstitutional and
    consequently to direct the respondent authorities to consider the
    case of the petitioner for reinstate for the post of Ayah.
    
    IA NO: 1 OF 2025
    
         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 to direct the respondent No. 2 to 4 to
    consider the representation dated 04.01.2025 made by the Petitioner
    pending disposal of the above writ petition.
    
    Counsel for the Petitioner:
    
         1. CH VENKAT RAMAN
    
    Counsel for the Respondent(S):
    
    1.     GP FOR EDUCATION
    
    
    
                     WRIT PETITION NO: 21842/2024
    
    Between:
    
         1. KADIVETI VAJRAMMA, W/O DASARADHA RAMI REDDY,
            AGED ABOUT 57 YEARS, OCC- HELPER, MID DAY MEAL
            SCHEME, R/O. BETHULAPALLI VILLAGE, PODALAKURU
            MANDAL S.P.S.R.NELLORE DISTRICT.
    
                                                          ...PETITIONER
    
                                    AND
                                       10
    
    
    
    
       1. THE UNION OF INDIA, MINISTRY OF HUMAN RESOURCE
          DEVELOPMENT, (DEPARTMENT OF SCHOOL EDUCATION
          AND LITERACY),   REP BY ITS DIRECTOR (MID DAY
          MEALS), SHASTRI BHAWAN, DR. RAJENDRA PRASAD
          ROAD, NEW DELHI.
    
       2. THE STATE OF ANDHRA PRADESH, REP.BY ITS
          PRINCIPAL  SECRETARY     SCHOOL     EDUCATION
          DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,
          GUNTUR DISTRICT.
    
       3. THE   COMMISSIONER    OF   SCHOOL   EDUCATION,
          IBRAHIMPATNAM, VIJAYAWADA, ANDHRA PRADESH.
    
       4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT,
          NELLORE.
    
       5. THE DISTRICT EDUCATIONAL OFFICER, NELLORE, SPSR
          NELLORE DISTRICT.
    
       6. THE TAHSILDAR, PODHALAKUR MANDAL, PODHALAKUR,
          SPSR NELLORE DISTRICT.
    
       7. THE MANDAL EDUCATION OFFICER,                  PODHALAKUR
          MANDAL, SPSR NELLORE DISTRICT.
    
       8. THE HEAD MASTER, M.P.P SCHOOL, BATHULAPALLI
          VILLAGE   PODHALAKUR MANDAL, SPSR NELLORE
          DISTRICT.
    
       9. PONGULRU RAMADEVI, W/O. LT MOHAN, AGED MAJOR.
          R/O. BATHULLAPALLI VILLAGE, PODALAKURU MANDAL,
          SPSR NELLORE DISTRICT.
    
                                                    ...RESPONDENT(S):
    
          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 Writ order or direction more
    particularly one in the nature of Writ of Mandamus questioning the
    action of Respondent No.7 and 8 in removing the petitioner from the
                                       11
    
    
    
    
    service without notice and order is illegal, arbitrary and violation of
    principles of natural justice and Article 14, 16 and 21 of Constitution
    of India and consequently direct the respondents to continue the
    petitioner as cook helper at Respondent No.8 school and pass such
    other order.
    
    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 direct the
    respondents to continue the petitioner as cook helper in Respondent
    No.8 school, pending disposal of the above Writ Petition and pass
    such other order.
    
    Counsel for the Petitioner:
    
         1. HARINATH REDDY SOMA
    
    Counsel for the Respondent(S):
    
    1.   GP FOR SCHOOL EDUCATION
    
    2.   B APPA RAO
    
    3.
    
                       WRIT PETITION NO: 28035/2024
    
    Between:
    
         1. BYRI LAKSHMI, W/O B.SIMHACHALAM, AGED ABOUT
            43 YEARS, OCC. WORKING AS A MID-DAY MEAL
            IMPLEMENTING AGENCY, R/O.1-11 COLONY, DANTHA
            VILLAGE, KOTABOMMALI MANDAL, SRIKAKULAM DISTRICT.
    
         2. LAVETI VASANTHI,, W/O LAVETI SIMHACHALAM, AGED ABOUT
            42 YEARS, OCC. WORKING AS HELPER IN MID-DAY MEAL,
            R/O. D.NO. 1-335, KONDA VEEDHI, DANTHA VILLAGE,
            KOTABOMMALI MANDAL, SRIKAKULAM DISTRICT.
    
                                                         ...PETITIONER(S)
    
                                     AND
                                       12
    
    
    
    
       1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
          SECRETARY,   EDUCATION DEPARTMENT, SECRETARIAT,
          VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
    
       2. THE DISTRICT COLLECTOR,             SRIKAKULAM       DISTRICT,
          ANDHRA PRADESH.
    
       3. THE DISTRICT EDUCATIONAL             OFFICER,    SRIKAKULAM,
          SRIKAKULAM DISTRICT, A.P.
    
       4. THE TAHSILDAR, KOTABOMMALI MANDAL                 SRIKAKULAM
          DISTRICT, A.P
    
       5. THE MANDAL EDUCATION OFFICER, KOTABOMMALI MANDAL,
          SRIKAKULAM DISTRICT, A.P.
    
       6. MANDAL    PARISHAD      DEVELOPMENT       OFFICER,
          KOTABOMMALI MANDAL, SRIKAKULAM DISTRICT, A.P.
    
       7. THE HEAD MASTER, MANDAL PARISHAD UPPER PRIMARY
          (MPUP) SCHOOL,     DANTHA VILLAGE, KOTABOMMALI
          MANDAL, SRIKAKULAM DISTRICT.
    
       8. THE SCHOOL EDUCATION COMMITTEE, REP BY ITS
          CHAIRMAN, MANDAL PARISHAD UPPER PRIMARY (MPUP)
          SCHOOL,   DANTHA VILLAGE, KOTABOMMALI MANDAL,
          SRIKAKULAM DISTRICT.
    
       9. DUNGA CHINNAMMI, W/O SIMHACHALAM, AGED ABOUT 47
          YEARS, R/O DANTHA VILLAGE, KOTABOMMALI MANDAL,
          SRIKAKULAM DISTRICT.
    
       10. NAKKA NARASAMMA, W/O JAGGARAO, AGED ABOUT 52
           YEARS, R/O DANTHA VILLAGE, KOTABOMMALI MANDAL,
           SRIKAKULAM DISTRICT.
    
                                                     ...RESPONDENT(S):
    
          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 pass an order or orders or direction
    more particularly one in the nature of a WRIT OF MANDAMUS
    declaring the action of the Three Members Committee (Trisabhya
    Committee) comprising Respondents 4 to 6 for terminating the
                                           13
    
    
    
    
    petitioners from the services vide proceedings dated 27.09.2024 in
    terminating the petitioners Mid-Day-Meal implementing agency and
    helper of the mid-day meals program at Mandal Parishad Upper
    Primary (MPUP) School, Dantha Village,Kotabommali Mandal,
    Srikakulam District, is violation of principles of natural justice
    contrary to Proc.Rc.No.27021/MDM-ll/2020 dated 29.01.2020 issued
    by the Commissioner of School Education, Andhra Pradesh, as
    illegal, arbitrary and also violation of Articles 14 and 21 of the
    Constitution of India and Consequently direct the respondents to
    continue the petitioner's Mid-Day-Meal Implementing Agency of
    Mandal Parishad Upper Primary School (MPUP School), by setting
    aside the proceedings dated 27.09.2024 issued by the Respondent
    No.4 to 6 and pass such other order.
    
    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 to direct Respondent No.4 to 6 to allow the Petitioners to
    discharge their duties as implementing authority of Mid Day Meal
    Programme in MPUP School, Dantha Village, Kotabommali Mandal,
    Srikakulam District, A.P, pending disposal of the writ petition and to pass
    such other order.
    
    IA NO: 1 OF 2025
    
          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 receive the counter copies on record by allowing the leave petition
    in the above writ petition and pass such other order.
    
    Counsel for the Petitioner(S):
    
         1. CKR ASSOCIATES
    
    Counsel for the Respondent(S):
    
    1.               GP FOR EDUCATION
    
    2.               GP FOR REVENUE
                                       14
    
    
    
    
                      WRIT PETITION NO: 28697/2024
    
    Between:
    
       1. T NAGAMANI, W/O. T.MADHUSUDHAKAR, AGED ABOUT 41
          YEARS, R/O H.NO.6-105, B.C. COLONY, GADIVEMULA VILLAGE
          AND MANDAL NANDYAL DISTRICT - 518 508.
    
                                                           ...PETITIONER
    
                                    AND
    
       1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
          PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT,
          SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.
    
       2. DISTRICT COLLECTOR, NANDYAL DISTRICT.
    
       3. MID DAY MEALS IMPLEMENTATION COMMITTEE, GADIVEMULA
          MANDAL, NANDYAL DISTRICT      REPRESENTED BY ITS
          CHAIRMAN AND TAHSILDAR, NANDYAL DISTRICT.
    
       4. MANDAL EDUCATIONAL OFFICER AND MEMBER, MID DAY
          MEALS IMPLEMENTATION COMMITTEE      GADIVEMULA
          MANDAL, NANDYAL DISTRICT.
    
       5. MANDAL PRAJA PARISBAD DEVELOPMENT                    OFFICER,
          GADIVEMULA MANDAL, NANDYAL DISTRICT.
    
       6. TAHSILDAR, GADIVEMULA MANDAL NANDYAL DISTRICT.
    
       7. PRINCIPAL, A.P. MODEL SCHOOL,         GADIVEMULA MANDAL,
          NANDYAL DISTRICT.
    
       8. T JAYAMMA, W/O. VEERANNA AGED ABOUT NOT KNOWN IO
          THE PETITIONER R/O. NEAR RAJARAJESWARI SCHOOL, BC
          COLONY, GADIVEMULA (V AND M) NANDYAL DISTRICT
    
                                                     ...RESPONDENT(S):
    
          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 a Writ, Order or Direction, more
    particularly one in the nature of Writ of Mandamus declaring the
    Proceedings in Rc.No. Spl.1/MDM/2024, dated 31-07-2024 issued
                                       15
    
    
    
    
    by the 3rd Respondents wholly illegal, arbitrary, violative of Articles
    14, 19 and 21 of the Constitution of India apart from being violative
    of principles of natural Justice and consequently declare that the
    Petitioner is    entitled to be continued in A.R Model School,
    Gadivemula, Nandyat District for implementation of Mid Day Meals
    Scheme and pass such other order.
    
    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 to suspend the Proceedings in
    Rc.No.Spl 1/MDM/2024, dated 31-07-2024 issued by the
    Respondent with a direction to the Respondents to continue the
    petitioner in A.P. Model School, Gadivemula, Nandyal District for
    implementation of Mid Day Meals Scheme and pass such other
    order.
    
    IA NO: 1 OF 2025
    
          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 to permit the petitioner to file
    additional documents i.e., termination notices dated 06-07- 2024, 20-
    07-2024 and 27-07-2024 along with postal acknowledgments and
    pass
    
    Counsel for the Petitioner:
    
         1. MADHAVI LATHA KATASANI
    
    Counsel for the Respondent(S):
    
    1.   GP FOR EDUCATION
    
    2.   GP FOR REVENUE
    
    3.   KHAJA KHUTUBUDDIN SHAIK
                                16
    
    
    
    
                  WRIT PETITION NO: 30422/2024
    
    Between:
    
      1. ORSU JYOTHI, W/O YESURATNAM , EX.COOKING AGENT,
         AGED ABOUT 44 YEARS, Z.P.H SCHOOL,PEDANAGULAVARAM
         VILLAGE, MARKAPUR MANDAL, PRAKASAM DISTRICT, R/O
         PEDANAGULAVARAM VILLAGE,        MARKAPUR MANDAL,
         PRAKASAM, DISTRICT, A.P.
    
                                                   ...PETITIONER
    
                              AND
    
      1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
         SECRETARY,    SCHOOL    EDUCATION    DEPARTMENT,
         SECRETARIAT,   VELAGAPUDI, AMARAVATHI,    GUNTUR
         DISTRICT.
    
      2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE.
    
      3. THE SUBCOLLECTOR,    MARKAPURDIVISION,     MARKAPUR,
         PRAKASAM DISTRICT.
    
      4. THE DISTRICT EDUCATIONAL       OFFICER,     PRAKASAM
         DISTRICT AT ONGOLE.
    
      5. THE  MANDAL   PARISHAD   DEVELOPMENT    OFFICER,
         MARKAPUR MANDAL, MARKAPUR, PRAKASAM DISTRICT.
    
      6. THE MANDAL EDUCATIONAL OFFICER, MARKAPUR MANDAL,
         MARKAPUR, PRAKASAM DISTRICT.
    
      7. THE   TAHSILDARAND   CHAIRMAN    MANDAL  LEVEL
         MIDDAYMEAL         PROGRAMME,         MARKAPUR
         MANDAL,MARKAPUR, PRAKASAM DISTRICT.
    
    
    
      8. THE HEAD MASTER, Z.P.H. SCHOOL, PEDDANAGULAVARAM
         VILLAGE, MARKAPUR MANDAL, PRAKASAM DISTRICT.
    
      9. SCHOOL   MANAGEMENT   COMMITTEESMC,   REP.BY.ITS
         CHAIRMAN    REPANIYEDUKONDALU,    S/O     CHINA
         VENKATESWARLU, AGE 40 YEARS, Z.P.H SCHOOL,
                                        17
    
    
    
    
          PEDANAGULAVARAM            VILLAGE,      MARKAPUR        MANDAL,
          PRAKASAM DISTRICT.
    
       10. SMT VALLEPUUMADEVI, W/O RAJU, AGED ABOUT 35 YEARS,
           Z.P.H SCHOOL,PEDANAGULAVARAM VILLAGE, MARKAPUR
           MANDAL, PRAKASAMDISTRICT
    
                                                        ...RESPONDENT(S):
    
          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 a writ order or direction more
    particularly one in the nature of writ of Mandamus, declaring the
    action of the 7th respondent removing the petitioner in Proceedings
    vide R.C.A/199/2024 dated. 14-10-2024 from duties by passing the
    resolution in implementing the Mid Day Meal Programme in Z.P.H
    School, PedaNagulavaram Village,Markapur Mandal, Prakasam
    District without following the prescribed procedure is illegal, arbitrary,
    violation of rules in G.O.Ms.No.94 Education(SE-PROG-I)
    Department dated 25-11-2002, also violation of Art.16 AND 21 of the
    constitution of the India, set aside the same and consequently direct
    the respondents to reinstate the petitioner in service as Cooking
    agent in Z.P.H School, PedaNagulavaram Village,Markapur Mandal,
    Prakasam District and to pass such other order.
    
    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 to direct the respondents to continue
    the petitioner in service as Cooking agent in Z.P.H School,
    PedaNagulavaram Village, Markapur Mandal, Prakasam District by
    suspending the Proceedings vide R.C.A/199/2024 dated
    14-10-2024pending disposal of the above writ petition and pass such
    other order.
                                       18
    
    
    
    
    IA NO: 1 OF 2025
    
         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 to receive the counter copies on
    record by allowing the leave petition in Writ Petition No. 30422 of
    2024 in the above writ petition and pass such other order.
    
    Counsel for the Petitioner:
    
         1. D KASIM SAHEB
    
    Counsel for the Respondent(S):
    
    1.   GP FOR REVENUE
    
    2.   GP FOR SCHOOL EDUCATION
    
                       WRIT PETITION NO: 30423/2024
    
    Between:
    
         1. ORSU VENKATAMMA, W/O VENKATESWARLU, EX.COOKING
            AGENT, AGED ABOUT 39 YEARS,      MANDALA PARISHAD
            PRIMARY SCHOOL,    PEDA NAGULAVARAM VILLAGE,DISE
            CODE. 28180900302    MARKAPUR MANDAL, PRAKASAM
            DISTRICT, R/O PEDA NAGULAVARAM VILLAGE, MARKAPUR
            MANDAL, PRAKASAM, DISTRICT, A.P.
    
                                                            ...PETITIONER
    
                                     AND
    
         1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY,
            SCHOOL   EDUCATION     DEPARTMENT,    SECRETARIAT,
            VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
    
         2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE.
    
         3. THE SUBCOLLECTOR, MARKAPUR MANDAL, PRAKASAM
            DISTRICT.
    
         4. THE DISTRICT EDUCATIONAL             OFFICER,     PRAKASAM
            DISTRICT AT ONGOLE.
                                          19
    
    
    
    
       5. THE  MANDAL   PARISHAD   DEVELOPMENT    OFFICER,
          MARKAPUR MANDAL, MARKAPUR, PRAKASAM DISTRICT.
    
       6. THE MANDAL EDUCATIONAL OFFICER, MARKAPUR MANDAL,
          MARKAPUR, PRAKASAM DISTRICT.
    
       7. THE  TAHSILDAR   AND   CHAIRMAN   MANDAL   LEVEL
          MIDDAYMEAL    PROGRAMME,     MARKAPUR    MANDAL,
          MARKAPUR, PRAKASAM DISTRICT.
    
       8. THE HEAD MASTER, MANDALA PARISHAD PRIMARY SCHOOL,
          PEDA NAGULAVARAM VILLAGE, DISE CODE. 28180900302,
          MARKAPUR MANDAL, PRAKASAM DISTRICT
    
       9. SCHOOL    MANAGEMENT     COMMITTEESMC,   REP.BY.ITS
          CHAIRMAN PYDI BALAIAH, S/O NOT KNOWN TO THE
          PETITIONER, AGE 48 YEARS, MANDALA PARISHAD PRIMARY
          SCHOOL, PEDA NAGULAVARAM VILLAGE,       DISE CODE.
          28180900302, MARKAPUR MANDAL, PRAKASAM DISTRICT.
    
       10. CHALLA VANAMMA, W/O LAKSHMAIAH, AGED ABOUT 35
           YEARS, MANDALA PARISHAD PRIMARY SCHOOL, PEDA
           NAGULAVARAM VILLAGE, MARKAPUR MANDAL, PRAKASAM
           DISTRICT.
    
                                                          ...RESPONDENT(S):
    
          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 a writ order or direction more particularly one in
    the nature of writ of Mandamus, declaring the action of the 7th respondent
    removing the petitioner in Proceedings vide R.C.A/199/2024 dated. 14-
    10-2024 from duties by passing the resolution in implementing the Mid
    Day Meal Programme in Mandala Parishad Primary School, Peda
    Nagulavaram Village, DISE CODE. 28180900302, Markapur Mandal,
    Prakasam District without following the prescribed procedure is illegal,
    arbitrary, violation of rules in G.O.Ms.No.94 Education(SE-PROG-l)
    Department dated 25-11-2002, also violation of Art. 16 and 21 of the
    constitution of the India, set aside the same and consequently direct the
    respondents to reinstate the petitioner in service as Cooking agent in
    Mandala Parishad Primary School, Peda Nagulavaram Village, DISE
    CODE.28180900302, Markapur Mandal, Prakasam District, and to pass
    such other order.
                                           20
    
    
    
    
    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 to direct the respondents to continue the petitioner in service as
    Cooking agent in Mandala Parishad Primary School, Peda Nagulavaram
    Village, DISE CODE: 28180900302, Markapur Mandal, Prakasam District
    by suspending the Proceedings vide R.C.A/199/2024 dated: 14-10-2024
    pending disposal of the above writ petition and pass such other order.
    
    IA NO: 1 OF 2025
    
           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 to receive the counter copies on record by allowing the leave
    petition Writ Petition No. 30423 of 2024 in the above writ petition and pass
    such other order.
    
    Counsel for the Petitioner:
    
         1. D KASIM SAHEB
    
    Counsel for the Respondent(S):
    
    1.   GP FOR REVENUE
    
    2.   GP FOR SCHOOL EDUCATION
    
                         WRIT PETITION NO: 30426/2024
    
    Between:
    
         1. TURAKA LAKSHMI TIRUPATAMMA, W/O ADINARAYANA
            EX.COOK-CUM HELPER, AGED ABOUT 26 YEARS,   Z.P.H
            SCHOOL,PEDA NAGULAVARAM VILLAGE,      MARKAPUR
            MANDAL, PRAKASAM DISTRICT, R/O B.C COLONY, PEDA
            NAGULAVARAM VILLAGE, MARKAPUR MANDAL, PRAKASAM,
            DISTRICT, A.P.
    
                                                                  ...PETITIONER
    
                                        AND
                                       21
    
    
    
    
       1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY
          SCHOOL   EDUCATION     DEPARTMENT,    SECRETARIAT,
          VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
    
       2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE.
    
       3. THE SUBCOLLECTOR, MARKAPUR DIVISION, MARKAPUR,
          PRAKASAM DISTRICT.
    
       4. THE DISTRICT EDUCATIONAL              OFFICER,     PRAKASAM
          DISTRICT AT ONGOLE.
    
       5. THE  MANDAL   PARISHAD   DEVELOPMENT    OFFICER,
          MARKAPUR MANDAL, MARKAPUR, PRAKASAM DISTRICT.
    
       6. THE MANDAL EDUCATIONAL OFFICER, MARKAPUR MANDAL,
          MARKAPUR, PRAKASAM DISTRICT.
    
       7. THE  TAHSILDAR   AND   CHAIRMAN   MANDAL   LEVEL
          MIDDAYMEAL    PROGRAMME,     MARKAPUR    MANDAL,
          MARKAPUR, PRAKASAM DISTRICT.
    
       8. THE HEAD MASTER, Z.P.H. SCHOOL, PEDDA NAGULAVARAM
          VILLAGE, MARKAPUR MANDAL, PRAKASAM DISTRICT.
    
       9. SCHOOL MANAGEMENT COMMITTEE SMC, REP.BY.ITS
          CHAIRMAN   REPANI    YEDUKONDALU,   S/O   CHINA
          VENKATESWARLU, AGE 40 YEARS, Z.P.H SCHOOL, PEDA
          NAGULAVARAM VILLAGE, MARKAPUR MANDAL, PRAKASAM
          DISTRICT.
    
       10. ORSU VENKATA LAKSHMAMMA, W/O CHINA RAJAIAH, AGED
           ABOUT 40 YEARS, Z.P.H SCHOOL,PEDA NAGULAVARAM
           VILLAGE, MARKAPUR MANDAL, PRAKASAM DISTRICT.
    
                                                     ...RESPONDENT(S):
    
          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 a writ order or direction more
    particularly one in the nature of writ of Mandamus, declaring the
    action of the 7th respondent removing the petitioner in Proceedings
    vide R.C.A/199/2024 dated. 14-10-2024 from duties by passing the
    resolution in implementing the Mid Day Meal Programme in Z.P.H
                                       22
    
    
    
    
    School, Peda Nagulavaram Village, Markapur Mandal, Prakasam
    District without following the prescribed procedure is illegal,
    arbitrary, violation of rules in G.O.Ms.No.94 Education(SE-PROG- l)
    Department dated 25-11-2002, also violation of Art.16 and 21 of the
    constitution of the India, set aside the same and consequently direct
    the respondents to reinstate the petitioner in service as Cooking
    agent in Z.P.H School, Peda Nagulavaram Village, Markapur
    Mandal, Prakasam District and to pass such other order.
    
    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 direct the
    respondents to continue the petitioner in service as Cooking agent in
    Z.P.H School, Peda Nagulavaram Village, Markapur Mandal,
    Prakasam District by suspending the Proceedings vide
    R.C.A/199/2024 dated: 14-10-2024 pending disposal of the above
    writ petition and pass such other order.
    
    IA NO: 1 OF 2025
    
          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 to receive the counter copies on
    record by allowing the leave petition Writ Petition No. 30426 of 2024
    in the above writ petition and pass such other order.
    
    Counsel for the Petitioner:
    
         1. D KASIM SAHEB
    
    Counsel for the Respondent(S):
    
    1.   GP FOR REVENUE
    
    2.   GP FOR SCHOOL EDUCATION
                                       23
    
    
    
    
                        WRIT PETITION NO: 31329/2024
    
    Between:
    
       1. GUDDETI YESAMMA, W/O RAMAKOTI AGE. ABOUT 45 YEARS, OCC
          AAYA AND SWEEPER, RESIDENT OF GUMMANAMPADU VILLAGE,
          BOLLAPALLI MANDAL, PALNADU DISTRICT EARSWHILE GUNTUR
          DISTRICT. ANDHRA PRADESH.
    
       2. VEERADASU ADILAXMI, W/O. KOTESWARA RAO AGE. 35 YEARS,
          OCC. AAYA AND SWEEPER NOTE. BOTH ARE RESIDENT OF
          GUMMANAMPADU VILLAGE,      BOLLAPALLI MANDAL, PALNADU
          DISTRICT EARSWHILE GUNTUR DISTRICT. ANDHRA PRADESH.
    
                                                         ...PETITIONER(S)
    
                                    AND
    
       1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY SCHOOL
          EDUCATION   DEPARTMENT,       SECRETARIAT,   VELAGAPUDI,
          AMARAVATHI.
    
       2. THE COMMISSIONER SCHOOL EDUCATION, VTPS ROAD,
          BHIMARAJU GUTTA, IBRAHIMPATNAM, NTR DISTRICT, EARSTWHILE
          KRISHNA DISTRICT.
    
       3. THE DISTRICT EDUCATIONAL OFFICER, PALNADU             DISTRICT,
          NARASARAOPET, EARSTWHILE GUNTUR DISTRICT.
    
       4. THE MANDAL EDUCATIONAL OFFICER, BOLLAPALLI MANDAL,
          BOLLAPALLI PALNADU DISTRICT, EARSTWHILE GUNTUR DISTRICT.
    
       5. THE HEAD MASTER/ HEAD MISS, ZILLA PARISHAD HIGH SCHOOL
          GUMMANPADU VILLAGE, BOLLAPALLI MANDAL,         PALNADU
          DISTRICT, EARSTWHILE GUNTUR DISTRICT.
    
    
    
       6. THE VIDYA COMMITTEE CHAIRMAN, ZILLA PARISHAD HIGH SCHOOL
          GUMMANPADU VILLAGE, BOLLAPALLI MANDAL,           PALNADU
          DISTRICT, EARSTWHILE GUNTUR DISTRICT.
    
                                                       ...RESPONDENT(S):
    
          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 appropriate Writ, order or
    direction more particularly, one in the       nature of WRIT OF
                                       24
    
    
    
    
    MANDAMUS to declare the action of the 4th, 5th and 6th
    Respondents for not responding / considering on the Petitioners
    representation dated 26-02-2022, and Legal             Notice dated
    09-01-2023 and also oral requests and not paying their due salaries
    and the     amounts incurred for the cleaning work, and also
    highhandedly removed from the post of Aaya in the 5th Respondent
    School, without any prior notice, information and without following
    the due process of law is illegal, arbitrary and un constitutional and
    consequently direct the 4th, 5th and 6th Respondents to pay the
    Petitioners entire dues of salary and the amount incurred to
    purchase the Phenyl bottles. Acid Bottels, Brooms (Cheepuru),
    Brushes etc to do cleaning work, forthwith and pass such other
    order.
    
    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 direct the 4th,
    5th & 6th Respondents to pay the entire dues of salary and the
    amounts incurred for the cleaning work forthwith and pass such
    other order.
    
    Counsel for the Petitioner(S):
    
       1. CH VIDYASAGAR
    
    Counsel for the Respondent(S):
    
       1. GP FOR SCHOOL EDUCATION
    
    The Court made the following:
                                        25
    
    
    
    
                   HON'BLE SRI JUSTICE NYAPATHY VIJAY
    
         W.P.Nos.6854, 6264, 2914, 6477 of 2025, W.P.Nos.21842, 28035,
                 28697, 30422, 30423, 30426 and 31329 of 2024
    
    COMMON ORDER:

    1. These Writ Petitions were filed questioning the removal of

    respective Petitioners as Cook-cum-Helpers and the posts associated

    SPONSORED

    thereto from the Respondent-Schools pursuant to the School

    Management Committee (SMC) resolution, as illegal and violative of

    principles of natural justice. As the issues involved in all these Writ

    Petitions are same, all the Writ Petitions have been heard together and

    are being disposed of by this Common Order.

    2. In W.P.No.6854 of 2025 the Petitioner was removed as Cook-cum-

    Helper, Addanki, Addanki Mandal, Bapatla District after being

    dissatisfied with the explanation to the show-cause notice. The show-

    cause notice was with regard to unsatisfactory work of Petitioner on

    various counts.

    3. In W.P.No.6264 of 2025 the Petitioner was removed as Cook-cum-

    Helper on 10.09.2024 from Zilla Parishad School, MSR Puram,

    Vangara Mandal, Vizianagaram District after being dissatisfied with the

    explanation to the show-cause notice. The show-cause notice was with

    regard to unsatisfactory work of Petitioner on various counts.
    26

    4. In W.P.No.2914 of 2025 the Petitioner was removed as Cook on

    05.11.2012 from Z.P.H.S. Naraharipuram, Chapadu Mandal, Kadapa

    District after being dissatisfied with the Petitioner’s work. Respondent

    Nos.5 and 6 forced the Petitioner to drop out from the duties without

    any notice.

    5. In W.P.No.6477 of 2025 the Petitioner was removed as Ayah on

    01.01.2025 from Bhramanapalli Primary School, Brahmanapalli Village,

    Puttaparthi Mandal, Sri Satya Sai District after being dissatisfied with

    the Petitioner’s work, without issuing any notice on various counts.

    6. In W.P.No.21842 of 2024 the Petitioner was removed as Helper

    on 05.09.2024 from Mandal Praja Parishad School, Bathullapalli

    Village, Podalakuru Mandal, SPSR Nellore District after being

    dissatisfied with Petitioner’s work and without issuing any notice the

    Petitioner was removed from service.

    7. In W.P.No.30426 of 2024 the Petitioner was removed as

    Cook-cum-Helper on 14.10.2024 from Z.P.H. School, Peda

    Nagulavaram Village, Markapuram Mandal, Prakasam District after

    being dissatisfied with the explanation to the show-cause notice. The

    show-cause notice was with regard to unsatisfactory work of Petitioner

    on various counts.

    27

    8. In W.P.No.30423 of 2024 the Petitioner was removed as Cook

    on 14.10.2024 from Mandala Parishad Primary School, Peda

    Nagulavaram Village, Markapuram Mandal, Prakasam District after

    being dissatisfied with the explanation to the show-cause notice.

    The show-cause notice was with regard to unsatisfactory work of

    Petitioner on various counts.

    9. In W.P.No.30422 of 2024 the Petitioner was removed as Cook

    on 14.10.2024 from Z.P.H. School, Peda Nagulavaram Village,

    Markapur Mandal, Prakasam District after being dissatisfied with the

    explanation to the show-cause notice. The show-cause notice was with

    regard to unsatisfactory work of Petitioner on various counts.

    10. In W.P.No.28697 of 2024 the Petitioner was removed as Head

    Cook on 31.07.2024 from A.P. Model School, Gadivemula Mandal,

    Nandyal District after being dissatisfied with the explanation to the

    show-cause notice. The show-cause notice was with regard to

    unsatisfactory work of Petitioner on various counts.

    11. In W.P.No.31329 of 2024 the Petitioner was removed as Ayah-

    cum-Sweeper on 06.12.2021 from Zilla Parishad High School,

    Gummanpadu Village, Bollapalli Mandal, Palnadu District after being

    dissatisfied with the explanation to the show-cause notice. The show-
    28

    cause notice was with regard to unsatisfactory work of Petitioner on

    various counts.

    12. W.P.No.6854 of 2025 is taken as the lead case for narration

    of facts.

    13. In the year 2002, the State Government had taken a policy

    decision to introduce Mid Day Meals in Schools and G.O.Ms.No.94,

    Education (SE-PROG-I) Department, dated 25.11.2002, was issued

    specifying the mechanism for implementation. As per the said G.O., an

    Implementing Agency was entrusted with the job of providing Mid Day

    Meals in rural areas i.e. DWCRA/Self-help Groups/SEC/Other

    Agencies like Temple, NGOs of Proven Track Record and Charitable

    Trusts/Group of parents as identified by the Mandal Revenue

    Officer/Tahsildar. As regards Urban Areas Community Development

    Societies/NGO/Urban SHGS etc., headed by the Mandal Revenue

    Officer, would be the Implementing Agencies.

    14. A Monitoring Committee was constituted at the State Level,

    District Level, Municipal and Municipal Corporation Level etc., to

    oversee the implementation of the Mid Day Meals Scheme of the State

    Government. The Petitioner was said to be appointed as Cook-cum-

    Helper in S.P. Girls High School, Addanki as per the procedure

    prescribed under G.O.Ms.No.94, dated 25.11.2002. While so, after long
    29

    years of service, the Petitioner was sought to be terminated from

    service without issuing any prior notice. Hence, the Petitioner filed

    W.P.No.13851 of 2024 before this Court challenging the action of the

    Respondents therein.

    15. This Court disposed of the said Writ Petition vide Order dated

    15.11.2024 directing the Respondents therein to follow the procedure

    as per law by issuing a show-cause notice and pass appropriate

    orders, if they do not intend to continue the Petitioner.

    16. Pursuant thereto, a show-cause notice was issued against the

    Petitioner on 05.09.2024 by Respondent No.10, stating that

    Sambarbath was not cooked properly and that the plates of the

    students were not cleaned with hot water. It is also stated that the

    students suffered from stomach pain after consuming the same.

    Thereupon, the Petitioner submitted his explanation, denying the

    allegations and stating that he has been on the job since 2007 and that

    no allegations have been made during all these years. It is also stated

    that the food that was supplied to the children on that day was checked

    by Respondent No.10 before serving to the children and therefore the

    said show-cause notice cannot be sustained. Another show-cause

    notice was issued by the Respondent-authorities against the Petitioner

    on 25.09.2024 stating that the food supplied by the Petitioner on
    30

    11.09.2024, 19.09.2024, 20.09.2024, 23.09.2024 and 23.09.2024 was

    not properly cooked, which was checked by the Members of the School

    Management Committee and also by the Municipal Commissioner,

    Addanki. Thereupon, without reference to the explanation offered by

    the Petitioner, the impugned order dated 22.10.2024 was passed,

    removing the Petitioner from the post of

    Cook-cum-Helper and appointing Respondent No.12 in his place.

    Questioning the same, W.P.No.6854 of 2025 is filed.

    17. Respondent No.6/Mandal Education Officer filed a Counter-

    Affidavit on behalf of himself, the State and the Headmaster of the

    Respondent-School i.e., Respondent Nos.1 and 11. In the Counter-

    Affidavit, reliance was placed on the Judgments of this Court stating

    that the Petitioner do not have any vested right enforceable under

    Article 226 of the Constitution. It is further stated that the Petitioner did

    not dispute the allegations in the reply to the show-cause notice with

    reference to food not being tasty and as the Petitioner failed to perform

    her duty, the impugned orders need not be interfered with.

    18. Learned counsel for the Petitioners contended that the

    allegations are simple in nature and the imposition of a major penalty

    would affect the livelihood of the Petitioners. It is also stated that the

    Petitioners have been continuing as Cook-cum-Helper from 2007
    31

    onwards without any complaint. Apart from that, it is stated that as per

    G.O.Ms.No.94, dated 25.11.2002, the SMC or the Head Master have

    no power to remove the Petitioners and that the Mandal Revenue

    Officer alone is entitled to do so as per the G.O.Ms.No.94, dated

    25.11.2002. A reference was also made to the Andhra Pradesh Mid

    Day Meals Scheme, the 2015 Rules, contending that the concerned

    authority is mandated to refer samples to a laboratory to test the quality

    of the food without adhering to the procedure prescribed removing the

    Petitioners based on unreasoned SMC resolution is unsustainable.

    19. The learned counsel for the Respondents while relying on the

    Judgments in Sri Kodanda Ramaswamy Oriental Educational

    Committee v. The District Level Committee for Mid Day Meals

    Scheme, Cuddapah1, Rudramamba Mahila DWCRA Group, Shiva

    Nagar, Warangal v. Principal Secretary, Education Department 2,

    Rachakonda Nagaiah v. Government of Andhra Pradesh , rep. by

    the District Collector, Nalgonda3, D. Ameena Bee Vs Ananthapur

    Municipality4 and W.P.No.8037 and Batch 31.10.2019 rendered by a

    Coordinate Bench after referring to the above mentioned case law,

    to the effect that the Petitioners, who were appointed under the Mid

    Day Meals Scheme do not have vested enforceable right for
    1
    2003(2) APLJ 323
    2
    2004(6) ALD 157
    3
    2013(3) ALT 377
    4
    2005(2)ALT 576(DB)
    32

    continuation as Cook-cum-Helper. It is also contended that the removal

    of the Petitioners was after the issuance of a show-cause notice and a

    decision taken by the School Management Committee, who were not

    satisfied with the quality of food that was cooked by the Petitioners and

    therefore the impugned order can be sustained.

    20. Reasoning: Initially, the State Government has taken a policy

    decision to implement the Mid Day Meals Programme as directed by

    the Supreme Court in W.P.No.196 of 2001 dated 17.09.2001 by giving

    hot cooked food for the children of Classes I to VII in Government

    Schools and Government Aided Primary and Upper Primary Schools in

    the State with a minimum 300 calories and 8-12 gms. of protein content

    for every child. In the Annexure thereto, guidelines for the

    implementation of the Mid Day Meals Programme were specified.

    The Implementing Agency was to be engaged for lifting rice from the

    fair price shops as per allotment issued by Mandal Revenue Officer,

    purchase the other required ingredients, procure cooking vessels and

    arrange for cooking of food by its members and supply cooked meal to

    children. The Implementing Agency was also supposed to maintain

    Cash Book, Stock Register and Issue Register.

    33

    21. A Monitoring Committee was constituted to supervise the

    implementation of Mid Day Meals Programme at State Level, District

    Level, Municipal and Municipal Corporation Level. The Petitioners

    claimed to be appointed under the said G.O., as Cook-cum-Helper by

    the respective schools.

    22. Subsequently, the Union Government framed the National Food

    Security Act, 2013 with intent to provide food and nutritional security in

    a human life cycle approach, by ensuring access to adequate quantities

    of quality food at affordable prices to people to live a life with dignity

    and for matters connected therewith or incidental thereto. Under

    Section 39 thereof, the Union Government was empowered to frame

    Rules for various schemes specified thereunder.

    23. The Union Government had framed the Mid-Day Meal Rules,

    2015 vide GSR 743(E), dated 30.09.2015. As per the said Rules, the

    children studying in Classes I to VIII were entitled for Mid-Day Meals

    having nutritional standards as specified in Schedule-II of the Act, free

    of charge every day except on school holidays.

    24. Rule 5 thereof specifies the preparation of meals and

    maintenance of standards and quality. As per Rule 5(2), every school

    shall have the facility for hygienically cooking meals and the schools in

    urban areas and in identified rural areas which have good road and
    34

    connectivity and viable cluster of schools, for the purpose of leveraging

    efficiency gains, may use the facility of centralized kitchens. The School

    Management Committee constituted under the Right to Free and

    Compulsory Education Act, 2009 shall monitor the implementation of

    the Mid-Day Meal Scheme and shall oversee quality of meals provided

    to the children, the cleanliness of the place of cooking and the

    maintenance of hygiene in the implementation of Mid Day Meal

    Scheme.

    25. Rule 8 provides for testing of hot cooked meal provided to

    children to be evaluated and certified by the Government Food

    Research Laboratory or any laboratory accredited or recognized by

    law, so as to ensure that the meal meets with nutritional standards and

    quality specified in Schedule-II of the Act. Rules 5, 7 and 8 thereof are

    extracted below;

    “5. Preparation of meals and maintenance of standards and
    quality

    (1) The meal shall be prepared in accordance with the Mid Day
    Meal guidelines issued by the Central Government from time to
    time and in accordance with the provisions of Schedule II of the
    Act
    .

    (2) Every school shall have the facility for cooking meal in hygienic
    manner and the schools in urban areas and in identified rural
    areas which have good road connectivity and viable cluster of
    schools, for the purpose of leveraging efficiency gains, may use
    35

    the facility of centralised kitchens for cooking meals wherever
    required in accordance with the guidelines issued by the Central
    Government and the meal shall be served to children at respective
    school only.]

    7. Role of School Management Committee (SMC) for
    monitoring Mid-day Meals Scheme

    1) The School Management Committee mandated under Right to
    Free and Compulsory Education Act, 2009
    shall also monitor
    implementation of the Mid-day meal Scheme and shall oversee
    quality of meals provided to the children, cleanliness of the place
    of cooking and maintenance of hygiene in implementation of mid
    day meal scheme.

    (2) The Headmaster or Headmistress of the school shall be
    empowered to utilise any fund available in school for the purpose
    of continuation of Mid Day Meal Scheme in the school in case of
    temporary unavailability of food grains, cooking cost, etc., in the
    school. The utilised fund shall be reimbursed to the school
    account immediately after receipt of mid day meal funds.

    8. Testing of Meals by Accredited Laboratories

    (1) Hot cooked meal provided to children shall be evaluated and
    certified by the Government Food Research Laboratory or any
    laboratory accredited or recognized by law, so as to ensure that
    the meal meets with the nutritional standards and quality specified
    in Schedule II to the Act. The Food and Drugs Administration
    Department of the State may collect samples to ensure the
    nutritive value and quality of the meals.

    36

    (2) The Department referred to in sub-rule (1) shall collect the
    samples at least once in a month from randomly selected schools
    or centralised kitchens and send such samples for examination to
    the laboratories referred to in sub-rule (1).”

    26. With the passage of time and with the advent of the Mid-Day

    Meal Rules, 2015, the State is now under a statutory obligation to

    provide quality cooked food to the children in Classes I to VIII and a

    structured policy decision is required to be taken about the modalities

    of implementation of the statutory obligation. The case law that was

    cited by the Respondents was rendered vis-à-vis the G.O.Ms.No.94,

    dated 25.11.2002, where the Mid-Day Meal was served through an

    Implementing Agency and on a contract.

    27. Though the Petitioners were initially appointed through the

    Implementing Agency, with changed scenarios and introduction of Mid

    Day Meal Rules, 2015, they were directly being paid Rs.3,000/- as

    honorarium from 2019 onwards, which is being shared by the State and

    Central Governments. In the context here, the term ‘honorarium’ is just

    another word for ‘wages/salary’.

    28. Once, the Cook-cum-Helper was directly being paid a monthly

    honorarium, a relationship of employer and employee is established

    and consequently, a right is created against feudalistic acts of removal.

    This view of employee-employer relationship is further bolstered by the
    37

    fact that Respondent No.12, an individual, was appointed as Cook-

    cum-Helper in place of the Petitioner vide R.C.No.SPL/MDM/2019

    dated 22.10.2024.

    29. It is now well settled that even a contract employee or an

    outsourced employee cannot be terminated on stigmatic grounds

    without conducting an enquiry in compliance with the principles of

    natural justice (See: (i) Swathi Priyadarshini Vs State of Madhya

    Pradesh5 (ii) UP State Road Transport Corporation Vs Brijesh

    Kumar and Anr6 (iii) K.Raghupathi Vs State of UP7 and (iv) the

    State of A.P, rep. by its Principal Secretary v. K. Madhu Phani

    and another8.

    30. The manner of conducting an enquiry should not be a formality

    to put a stamp on the decision already made. The issuance of a show

    cause notice based on factual allegations against the individual and the

    determination on the explanation is no enquiry at all, when the

    allegations are denied by the delinquent. Though the rigour of A.P.C.S.

    Rules, 1991 or Rules akin thereto may not apply, the procedure

    adopted while terminating the petitioners engaged with the work of mid-

    5
    2024 INSC 620
    6
    2024 INSC 638
    7
    2022(6) SCC 346
    8
    (2018) 1 ALT 125 (DB)
    38

    day meals should be fair and in compliance with the principles of

    natural justice.

    31. The observations of the Hon’ble Supreme Court on the aspect of

    natural justice in Uma Nath Pandey v. State of U.P.,9 would be relevant

    here. Paragraphs 8 and 15 read as under;

    “8. Natural justice is another name for common sense justice.
    Rules of natural justice are not codified canons. But they are
    principles ingrained into the conscience of man. Natural justice
    is the administration of justice in a common-sense liberal way.
    Justice is based substantially on natural ideals and human
    values. The administration of justice is to be freed from the
    narrow and restricted considerations which are usually
    associated with a formulated law involving linguistic
    technicalities and grammatical niceties. It is the substance of
    justice which has to determine its form.

    15. Natural justice has been variously defined by different
    Judges. A few instances will suffice. In Drew v. Drew and
    Leburn6 (Macq at p. 8) Lord Cranworth defined it as ‘universal
    justice’. In James Dunbar Smith v. R.7 (AC at p. 623) Sir
    Robert P. Collier, speaking for the Judicial Committee of the
    Privy Council, used the phrase ‘the requirements of
    substantial justice’, while in Arthur John Spackman v.
    Plumstead District Board of Works5 (AC at p. 240), the Earl of
    Selborne, L.C. preferred the phrase ‘the substantial
    requirement of justice’. In Voinet v. Barrett8 (LJRD at p. 41),
    Lord Esher, M.R. defined natural justice as ‘the natural sense

    9
    (2009) 12 SCC 40
    39

    of what is right and wrong’. While, however, deciding Hopkins
    v. Smethwick Local Board9 Lord Fasher, M.R. instead of using
    the definition given earlier by him in Voinet case 8 chose to
    define natural justice as ‘fundamental justice’. In Ridge v.

    Baldwin10 (QB at p. 578), Harman, L.J., in the Court of Appeal
    countered natural justice with ‘fair play in action’, a phrase
    favoured by Bhagwati, J. in Maneka Gandhi v. Union of India 11.
    H.K. (an infant), In re12 (QB at p. 530), Lord Parker, C.J.,
    preferred to describe natural justice as ‘a duty to act fairly’.
    In
    Fairmount Investments Ltd. v. Secy. of State for Environment 13
    Lord Russell of Killowen somewhat picturesquely described
    natural justice as ‘a fair crack of the whip’ while Geoffrey
    Lane, L.J. in R. v. Secy. of State for Home Affairs, Ex Parte
    Hosenball14 preferred the homely phrase ‘common fairness’
    (emphasised).”

    32. In the opinion of this court, the minimum fairness that needs to

    adhere is that the factual allegation in the show cause notice should

    contain the details of the nature of the complaint with particulars of oral

    and documentary evidence on how the allegations is sought to be

    established. The documentary evidence should be enclosed along with

    the show cause notice. On denial of the allegations, a date for

    conducting an enquiry with a liberty to the delinquent to cross-examine

    the witnesses in support of the complaint and also lead counter

    evidence to deny the allegation. Thereafter, an opportunity to hear and

    then a decision with requisite reasons would be a fair process.
    40

    33. In majority of cases here, the procedure that was followed was

    that a show cause notice was issued making factual allegations and

    impugned orders came to be passed on being dissatisfied with the

    explanation. In the opinion of this court, the process adopted by the

    respondents is shallow and termination on a show of enquiry cannot be

    sustained. The procedure adopted does not even come close to the

    rudimentary requirements of natural justice and it appears to green-light

    a decision already made. Long years of service cannot be wished away

    by the authorities with such shallow procedures.

    34. The question now is the way forward in the light of individuals

    having been appointed in place of the petitioners as cook-cum-helpers.

    The job of Cook-cum-Helpers and posts associated thereto is labour-

    intensive and mid-day meals require dynamic day-to-day management

    and the uncertainty of employment would hamper mid-day meals.

    Therefore, in this scenario, it would be appropriate to direct the

    Respondents to conduct a post facto enquiry within a specific time

    frame.

    35. In the light of the above, the Writ Petitions are disposed of with

    following directions;

    (i) The Respondents are directed to conduct an enquiry in
    compliance with the principles of natural justice as held above
    and pass appropriate orders;

    41

    (ii) The time frame for conclusion of the enquiry is two (2) months
    from the date of receipt of the copy of this order;

    (iii) No order as to costs.

    36. As a sequel, pending applications, if any, shall stand closed.

    __________________
    NYAPATHY VIJAY, J

    Date: 20.02.2026

    IS
    42

    HON’BLE SRI JUSTICE NYAPATHY VIJAY

    W.P.Nos.6854, 6264, 2914, 6477 of 2025, W.P.Nos.21842, 28035,
    28697, 30422, 30423, 30426 and 31329 of 2024

    Date: 20.02.2026

    IS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here