Nagamma v. The District Collector/Chairperson

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.8816 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ...... to declare the impugned action of the respondents in not allowing the petitioner to discharge her duties as Aganwadi Teacher of Vinjamoor Centre-II, Koilkonda Mandal, Mahabubnagar District, though criminal charge is not proved in investigation as illegal, arbitrary, unconstitutional and void being violative of Arts.14 and 16 of the Constitution of India and consequently direct the Respondents to allow the petitioner into duties as Aganvadi Teacher of Vinjamoor Centre-II, Koilkonda Mandal, Mahabubnagar District, with all consequential benefits......" .

Heard Mr.R.Rajasekhara Rao, learned counsel for petitioner and the learned Government Pleader for Women and Child Welfare.

It has been contended by the petitioner that she was appointed as Anganwadi Teacher, pursuant to Notification, dated 10.05.2017. She is a member belonging to Scheduled Caste community. While she was discharging her duties, a criminal case was registered against her in Cr.No.93 of 2017 and the Police have investigated the said case and closed the said criminal case 'as false case' vide proceedings dated 08.11.2017. In spite of closing the criminal case against her, the respondents are not allowing her to discharge her duties on the ground that criminal case was registered against her.

Learned counsel appearing for the petitioner has contended that the petitioner has submitted a representation on 04.04.2019 requesting to allow her to discharge her duties as Anganwadi Teacher, but the respondents are not considering the said representation nor allowing the petitioner to discharge her duties as Anganwadi Teacher. Therefore, appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner and pass appropriate orders on the representation submitted by her.

Learned Government Pleader appearing for respondents has contended that the case of the petitioner will be considered and appropriate orders would be passed on the representation submitted by the petitioner.

This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 04.04.2019 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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: 24-04-2019 Prv