Smt. M. Krishnaveni, Mahaboobnagar District And 12 v. The District Collector, Mahaboobnagar District And 3

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.12125 OF 2005 ORDER:

1.

When this matter is taken up for hearing, the learned Counsel for the petitioners submits that this writ petition is filed challenging the action of the respondents in inviting the applications with regard to the posts of Anganwadi Teachers in the place of the petitioners in Mahaboobnagar District and in attempting to terminate the services of the petitioners as Anganwadi Teachers without issuing any notice and without following due process of law, and that on 10.6.2005, this Court was pleased to pass interim order to the effect that 'if the petitioners are continuing as Anganwadi teachers, the respondents are directed not to appoint any new persons'. 2.

Further, the learned Counsel for the petitioners submits that in pursuance of the said interlocutory order, some of the petitioners are still being continued, and some of the petitioners were terminated by the respondents, and therefore, appropriate orders may be passed directing the respondents to continue all the petitioners in pursuance of the interlocutory order passed by this Court.

3.

Having considered the submissions made by the parties, this Court is of the view that if some of the petitioners were not

continued in pursuance of the interlocutory orders passed by this Court, it was always open for those petitioners to bring to the notice of this Court by way of filing C.C. Since those petitioners have not taken any steps to file any miscellaneous application or C.C. complaining the violation of interlocutory orders passed by this Court, this Court cannot give a direction to the respondents to continue them as Anganwadi teachers. It is always open for the petitioners, whose services were terminated by the respondents during the pendency of this writ petition, to challenge the termination orders. In view of the interlocutory orders passed by this Court, this Court is of the view that no further orders are necessary in this writ petition. 4.

Further, it is made clear that if the petitioners are being continued in service in pursuance of the interlocutory order passed by this Court, their services shall not be disturbed. It is needless to say that if the petitioners are continued in pursuance of the interlocutory orders passed by this Court, the respondents are directed to pay salaries to them. If the petitioners, who are being continued, have any grievance in respect of claim of salary, they are at liberty to submit a representation to the respondents within two weeks from the date of receipt of a copy of this order. On such representation being received, the respondents shall consider the same and pass appropriate orders within a period of four weeks

thereafter. The petitioners, who were not continued in service, are at liberty to submit a representation to the respondents to consider their cases for appointment as anganwadi teachers in any of the existing vacancies, and upon such representation being received, the respondents shall consider the same and pass appropriate orders, in accordance with the rules. 5.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated: 20.12.2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.12125 OF 2005 20/12/2018 Nn.