ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“...to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3^rd respondent issued the proceeding in Rc.No.28/2016, dt.08.09.2016 for the post of Anganwadi Workers without considering petitioner Applications dt.21.04.2015 and 01.07.2016 as illegal, arbitrary, unconstitutional and violation of principles of natural justice and consequently direct other Respondent Nos.2 and 3 to issue reappointment orders in favour of petitioner as per the Applications dt.21.04.2015 and 01.07.2016 for the post of Anganwadi post at Jinkalamitta Pakala Mandal, Chittoor District...”

2. The case of the petitioner is that in pursuance of the notification issued by the 3^rd respondent for filling up of the post of Anganwadi worker (Mini), Ginkalamitta, pakala Mandal, Chittoor District, the petitioner has applied for the said post and was selected vide proceedings of the 3^rd respondent dated 31.08.2012. While the matter being so, as the petitioner intended to contest for the post of MPTC during elections in Damal Cheruvu- II, Pakala Mandal, she submitted resignation to the post of mini anganwadi on 20.03.2014. However, in the said election, the petitioner could not succeed and as such, she submitted a representation to the 2^nd respondent on 20.05.2014 requesting to permit her to rejoin in the post of mini anganwadi at Jinkalamitta, Pakala Mandal, Chittoor District. Pending the said representation, the respondents have issued a fresh notification on 20.03.2015 calling for applications for the post of anganwadi worker at Pulicherla along with some other places in Chittoor District. Challenging the issuance of the said notification, the petitioner has filed W.P.no.8448 of 2015 before this Court, wherein this Court has passed the following order on

27.03.2015:

“…In view of that, any appointment to the said vacant post has to be made only in accordance with law and in that process, the notification has now been issued and published in newspapers on 20.3.2015 and 21.3.2015. If the petitioner is interested for the post, she is at liberty to apply in terms of the said notification and if such an application is received, the same shall be considered by the respondents 2 and 3 along with other eligible candidates.

3. The grievance of the petitioner is that immediately after receiving the orders passed by this Court in the aforesaid writ petition, the petitioner has again requested the authorities to permit her to rejoin to duty. But, without considering the same, the 3^rd respondent vide proceedings dated 08.09.2016 has directed one Smt. P. Bargavi, to attend interview on 09.09.2016 for the post of anganwadi worker. Challenging the aforesaid proceedings, the present writ petition is filed.

4. Respondent No.2 has filed a detailed counter affidavit stating that the petitioner has resigned from the post of mini anganwadi worker, Jinkalamitta, Pakala Mandal on 19.03.2014 in order to contest in panchayat election for the post of MPTC, Damalacheruvu-2. However, the petitioner was defeated in the said election and thereafter made a representation dated 27.05.2014 requesting to re-appoint her as mini-anganwadi worker at Jinkalamitta anganwadi centre. It is further stated that the 2^nd respondent vide memo dated 21.08.2014 issued orders rejecting the request of the petitioner and the same was informed to the petitioner orally. As such, the 3^rd respondent was directed to issue a fresh notification to fill up the vacant post of mini-anganwadi worker at Jinkalamitta. Subsequently, the petitioner has challenged the action of the respondents in issuing a fresh notification vide W.P.No.8448 of 2015, wherein this Court has passed an order dated 27.03.2015 (referred supra). In pursuance of the said orders, the respondent authorities, after following the due procedure have issued call letters for attending interview to