Smt. B.Vimala v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.2798 of 2019 ORDER:

This writ petition is filed seeking the following relief :- " ..... to issue a appropriate writ, order or orders more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent proceedings No.

A4/ 1242/ 2015 dt.27.05.2016 in terminating the services of the petitioner is illegal, unreasonable, arbitrary and unconstitutional and in violation of Articles 14 and 21 of the Constitution of India and in violation of principles of natural justice and while directing the respondents to continue in the office of the 4th respondent on payment of arrears and remuneration ....." .

Heard Mr.D.Pochaiah, learned counsel for petitioner and learned Government Pleader for Women and Child Welfare Department.

It has been contended by the petitioner that she was appointed as Anganwadi worker on 06.03.2008 and has been discharging her duties to the best satisfaction of her superiors and everyone concerned. While so, the respondents have terminated the services of the petitioner vide order dated 27.05.2016 on the ground that the petitioner was involved in a criminal case. The III Additional District and Sessions Judge, Asifabad was pleased to acquit the petitioner vide judgment dated 22.02.2019 in S.C.No.182 of 2016. In view of acquittal of the petitioner in criminal case, the case of the petitioner deserves to be considered for reinstatement into service as Anganwadi worker. Therefore, the learned counsel for petitioner contended that appropriate orders be passed in the writ petition directing the respondents to consider the case of

petitioner for reinstatement into service by duly setting aside the termination order.

Learned Government Pleader appearing for respondents has contended that the case of the petitioner will be considered in view of acquittal given by the competent criminal court and appropriate orders would be passed in accordance with law. This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a fresh representation within two weeks from the date of receipt of a copy of this order seeking her reinstatement in view of acquittal given by the competent criminal court in S.C.No.182 of 2016 dated 22.02.2019. Upon such representation being received, the respondents shall consider the same and pass appropriate orders within four weeks thereafter. With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 28-03-2019 Prv