ORDER:

The present Writ Petition is filed seeking a Writ of Mandamus to declare the Proceedings No.89/A/2019, dated 31.08.2021 issued by the 4th respondent terminating the services of the petitioner as >Anganwadi Worker? at Karreddu-2 Center Code No.0419, Karreddu Village, Ulavapadu Mandal, Prakasam District, without conducting any proper enquiry and without providing opportunity of personal hearing, as illegal, arbitrary, violative of the petitioner?s rights guaranteed under Articles 14, 16 and 21 of the Constitution of India, for a consequential direction to set aside the same and to continue the petitioner as >Anganwadi Worker? at the said Center.

2. Heard Mr.E.V.V.S. Ravi Kumar, learned counsel appearing for Mr.Vema Ramanjaneyulu, learned counsel for the petitioner and the learned Government Pleader for Women Development and Child Welfare Department representing the respondents.

3. The brief facts of the case, which are relevant for the purpose of the present Writ Petition may be stated thus:

The petitioner joined as Anganwadi Worker in Karreddu-2 Center Code No.0419, Karreddu Village, Ulavapadu Mandal, Prakasam District on 17.02.2000 and has been working for the past 21 years without any remark. As the petitioner was suffering with back pain and on the advice of the Doctor, who suggested bed rest, the petitioner applied for leave from 15.08.2019 to 14.09.2019 on Loss of Pay and the same was sanctioned. The petitioner with a view to take rest and as per the request made by her son and daughter-in-law, who are employed in Singapore (Migrant Labour), proceeded to Singapore and after completion of leave period joined the duty. While so, a memo dated 20.12.2020 was issued to the petitioner calling upon her to submit explanation within three (3) days as it came to light that she went abroad and was on leave from 15.08.2019 to 14.09.2019. The petitioner submitted her explanation inter alia stating that in view of the health condition and as there is nobody to look after her, except her son, who is in Singapore, she went abroad and requested to condone the mistake committed by her. After series of further Memos and explanation submitted thereto, by an Order dated 31.08.2021, the services of the petitioner as Anganwadi Worker were terminated. Hence, the present Writ Petition.

4. The learned counsel for the petitioner inter alia submitted that the petitioner is an illiterate and working as Anganwadi Worker on honorarium basis, she had rendered more than 20 years of service without any remark and in view of her health condition she went abroad to stay with her son without knowing that she had to intimate to the higher authorities about her visit to abroad. He submits that in fact, there are no specific rules requiring the Anganwadi Worker to intimate to the higher authorities and take prior permission in the event of going to a foreign land. He also submits that in fact, the petitioner has not received honorarium also during the relevant period when she went abroad. He further submits that in the absence of specific rules, the action of the respondents in terminating the services of the petitioner is grossly unjust and arbitrary, apart from violative of principles of natural justice, since the petitioner was not afforded an opportunity of personal hearing and her services were straight away terminated. The learned counsel would also contend that even in respect of the Government officials going abroad without permission of the Government, no such stringent action of termination was resorted to, unlike in the present case. In support of his submissions, the learned counsel places reliance on the decision of a Hon?ble Division Bench of the erstwhile High Court of Andhra Pradesh at Hyderabad reported in Union of India and Others vs. Dr.Ms.Gopalakrishna1 and the Hon?ble Supreme Court in State of Karnataka vs. Ameerbi & Others2. The learned counsel submits that the petitioner has not committed any fault, except the mistake of non-intimation