Ch. Devamma v. The Tahasildar, Yalal Mandal,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.26112 of 2011 ORDER:

When the matter is taken up, it is represented by the learned counsel appearing for the petitioners, so also the learned Government Pleader appearing for Respondents that the issue in this writ petition is squarely covered by the judgment of this Court in W.P.No.9800 of 2013 and batch dated 30-12-2014 and a copy of the said order is also placed on record by the learned counsel for the petitioners. This Court, deems it appropriate to dispose of this writ petition in the same lines.

2 . Following the above mentioned judgment of this Court in W.P.No.9800 of 2013 and batch dated 30-12-2014 and for the reasons recorded therein, this writ petition is also disposed of, with the following directions:

1. The State Government shall take immediate steps to issue appropriate rules/guidelines with respect to implementation of the decisions of the review committees, at all levels, including for replacement of an existing agency by a new implementing agency.

2. Till the Government frames appropriate rules/ guidelines, as directed above, all the respondent authorities, at all levels, shall follow the directions as under:

(a) Wherever the concerned review committee notices deficiency in functioning of existing implementing agency, concerned review committee shall communicate its views and

suggestions to the respective committees entrusted with selection of an implementing agency.

(b) On receipt of recommendations of the review committee, the respective committees, entrusted with selection of an implementing agency, shall notify such deficient implementing agency and consider the explanation of such deficient implementing agency in its meeting and shall take appropriate decision either to continue the implementing agency by giving opportunity to rectify the deficiencies or to replace the existing agency by a new agency.

(c) If a decision is taken to replace the existing agency, the same procedure as envisaged in clause (6) of the guidelines shall be followed for selecting a new implementing agency to replace the existing agency. (d) In all such cases where the existing implementing agency is replaced by a new agency, such aggrieved implementing agency shall be entitled to seek reconsideration of such decision before the Nodal Officer in terms of the guidelines and the decision of the Nodal Officer shall be final and binding on all the parties.

3. In all these cases, as stated above, this Court has already passed interim orders and wherever existing implementing agencies are continued in terms of the said interim order, they shall continue to operate the mid-day meal programme. However, the respondents shall be free to take appropriate further action in terms of the directions hereinabove.

4. In all these cases, wherever a new agency is appointed to replace existing agency, the grievance of the new agency shall be considered by the respective committees, which are entrusted with selection of implementing agency, who

shall, thereafter, follow procedure prescribed hereinabove and after hearing the existing implementing agency, take appropriate decision in the matter relating to the continuation or otherwise of the existing implementing agency.

As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J June 23, 2016 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.26112 of 2011 June 23, 2016 Pn