IMPORTANT POINT
The court established that adherence to principles of natural justice, including notice and opportunity for hearing, is essential in administrative actions affecting public service positions.

ORDER :

(V. Sujatha, J.) :

This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief :

“…to issue a writ or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ by declaring the action of 3rd Respondent in issuing the impugned proceedings no 09/A/2015 dated 12-01-2016 without giving any notice and without conducting any enquiry and opportunity of hearing and contrary to the instructions issued in WA 147 of 2013 is not legal and valid and violation of principles of natural justice consequently set aside the impugned proceedings no.09/A/2015 dated 12-01-2016 issued by the 3rd respondent and pass such other order or orders …”

2. Heard Ms.P.Radhika, learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

3. The petitioner herein has applied for the post of Anganwadi worker for the Badapuram Village, Donakonda Mandal, Prakasam District. After undergoing due selection process the petitioner was also appointed by the 4th respondent as Anganwadi worker. Challenging the said appointment of the petitioner, the 6th respondent herein has filed W.P.No.7093 of 2009 before this Hon’ble Court and this Hon’ble Court vide orders dated 06.04.2009 has directed the 2nd respondent to dispose of the representation of the 6th respondent regarding non eligibility of the petitioner to the post of Anganwadi worker.

4. In pursuance of the orders passed by this Court, the 4th respondent passed orders on 09.12.2009 stating that the petitioner was not a resident of Badapuram Village at the time of the interview but was residing at Jagannadhapuram of Tharlupadu Mandal and as such she is not eligible and passed orders removing the petitioner from the post of Anganwadi worker.

5. Aggrieved by the said order dated 09.12.2009 the petitioner filed W.P.No.601 of 2010 before this Court on the sole ground that without issuing any notice and without calling for any explanation from the petitioner, the 4th respondent has passed the impugned orders. The said Writ Petition was allowed by this Court vide orders dated 29.10.2010 as under :-

“On the ground that the orders dated 09.12.2009 no reference is made to any exercise undertaken by R2, further it is stated that not even mentioned that R4 has issued notice to the petitioner before recording finding to the effect that she is a resident of Jagannadhapuram. This Hon’ble court further came to conclusion that when the appointing authority is a committee the matter of removal must also go before that very authority and writ petition is allowed and proceedings dated 09.12.2009 set aside and the appointment of 6th respondent is set aside and petitioner shall be entitled to function as anganwadi worker.”

6. Aggrieved by the orders passed by this Court, the 6th respondent has preferred Writ Appeal No.147 of 2013, which was disposed of on 15.03.2013 directing the 2nd respondent to place the representation of the writ appellant i.e., the 6th respondent and the issue with regard to the eligibility of the writ petitioner before the committee as constituted under G.O.Ms.No.28 dated 02.12.2004, and as duly revised under G.O.Ms.No.15 dated 04.04.2012 to enable the said committee to consider the eligibility of the petitioner to hold the said post of Anganwadi worker of Badapuram Village in accordance with law.

7. The case of the petitioner is that in pursuance of the orders passed in the Writ Appeal No.147 of 2013 dated 15.03.2013, the respondents instead of implementing the orders have passed the impugned proceedings even without giving any notice to the petitioner as directed by this Court in W .P.No.601 of 2010, duly removing the petitioner from the duties on the ground that she is not a resident of Badapuram Anganwadi Centre.

8. Challenging the said removal order, the present writ petition is filed. On 15.02.2016 when the Writ Petition came up for admission, thi