Smt. K. Sujatha W/O K. Mallaiah v. The Government Of Andhra Pradesh, Rep By Its Secretary,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4548 of 2007 ORDER:

Petitioner was appointed as Anganwadi Worker in Anganwadi Centre at Medaripeta Village, Dandepally Mandal, Adilabad District, by proceedings, dated 22.12.1991. When the elections to the Gram Panchayat took place in the year 2006, the petitioner was selected as Sarpanch of Medaripeta Gram Panchayat. After getting elected as Sarpanch, the third respondent issued a notice on 25.08.2006 calling upon her to resign from the post of Anganwadi Worker on or before 31.08.2006 on the ground that she was holding two posts. She approached the third respondent and sought cancellation of the said notice on the ground that the State Election Commission issued a Circular, dated 15.06.2006 permitting the Anganwari Workers to contest in the Panchayat Raj elections. In G.O.Ms.No.7, Women Development and Child Welfare Department, dated 17.03.1996 also, the Anganwadi Workers were permitted to contest in the Panchayat Raj elections.

This Court by order, dated 03.07.2001 upheld the said G.O. However, the third respondent issued another notice on

ARLR, J W.P.No.4548 of 2007 06.09.2006 stating that the services of the petitioner would be terminated, if she does not submit any resignation. She submitted her explanation on 31.01.2007 to the third respondent stating that she has been working as Anganwadi Worker for the past 16 years without any complaint. When a memo was issued by the third respondent on 19.01.2007 proposing to take action against the petitioner if she does not handover the charge, she filed the present Writ Petition.

This Court by order, dated 05.04.2007 granted interim suspension of the said memo, as a result of which, she has been continuing. In the meanwhile, the term of the Sarpanch was also over. No counter-affidavit is filed by the respondents till today. In view of the above facts and circumstances of the case, the Writ Petition is allowed setting aside the impugned memo, dated 19.01.2007.

Consequently, Miscellaneous Petitions, if any pending in this Writ Petition shall stand closed. No order as to costs. _____________________________ A.RAMALINGESWARA RAO, J 17th SEPTEMBER, 2016.

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