HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.3938 OF 2022

ORDER:

Heard Sri S. Krishna Sharma, learned counsel appearing on behalf of the petitioner and Sri Abu Akram, learned Standing Counsel for Telangana Women Co- operative Development Corporation (TGWCDC), appearing on behalf of respondent No.1.

2. The petitioner approached the Court seeking prayer as under:

“…to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, directing the respondent to reinstate the petitioner in the services of the Respondent organization and to pass such other order or orders as the Hon’ble High Court may deem it fit and proper in the circumstances of the case”.

As per the orders of this Court dated 03.03.2025 vide I .A. No.1 of 2025 in W.P. No. 3938 of 2022 the prayer of the writ petition is amended as follows:

“It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring action of the 1^st respondent in issuing the Proc. No.546/WCDC/E1/19, dated 01-05.2021, terminating the petitioner from service as highly illegal, arbitrary and in violation of Articles 14 &16 of the Constitution of India, consequently set aside the same and pass such other order or orders as may be deemed fit and proper in the circumstances of the case”.

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

The petitioner was appointed as VDC II at Ranga Reddy in June, 1991 and worked upto 1993. The petitioner was posted at DMSVK, Kukatpally as a matron in 2003 and subsequently transferred to head office, Hyderabad as Librarian. Thereafter the petitioner was promoted as an Assistant Manager and transferred to DMSVK Chilkur during the year 2007. The petitioner was issued with charge memo on 18.08.2012 on instigation of Matron Nirmala. The petitioner was demoted vide proceedings dated 10.09.2013 from the rank of Matron to Jr. Assistant. The petitioner submitted a representation dated 13.03.2014 to the respondent corporation to retain the petitioner as Assistant Manager. The petitioner was issued show cause notice dated 06.06.2020 seeking explanation for absconding from duty since 05.02.2019 till 06.06.2020 at DMSUK Sanga Reddy and again the petitioner was absent from duty from 17.02.2021 to 01.03.2021. Therefore, the respondents terminated the services of the petitioner vide Prc.No. 546/WCDC/E1/19, dated 01.05.2021. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD (A) The impugned order vide Proc. No.546/ WCDC/

E1/ 19, Dated 01.05.2021 of the Managing Director, Telangana State Women Cooperative Development Corporation, Hyderabad is extracted hereunder:

TELANGANA STATE WOMEN CO-OPERATIVE DEVELOPMENT CORPORATION, (A Govt. of Telangana Undertaking) Regd.No. TAB 616 D/No./1335/H, Road No.45, Jubilee Hills, Hyderabad-33.Ph.NO.040 23549711 Smt. D.DIVYA, I.A.S., MANAGING DIRECTOR Proc. No.546/WCDC/E1/19, Dt: 01-05-2021 Sub:-TSWCDC-Estt-Kum.C.Kameshwari, Jr.Asst- Absconded to duties-Termination orders issued - Reg.

Read: (1). Proc.No.546/WCDC/E2/19, Dt: 17-11-

2020 of MD.,TSWCDC., Hyderabad.

(2). Joining report of the individual, Dt: 5-1-21. (3). Joining report of the individual, Dt: 2-3-21.

(4). T/o Notice. No.546/WCDC/E2/19, Dt:20.03.2021.

ORDER

With reference to 1 cited, Kum. C.Kameshwari, Jr.

Asst., is considered to join to duties from 21-11-2020 after ascendance w.e.f., 05-04-2019 at DMSVK, Sangareddy and posted at Head office with a warning "if the individual is repeats absence she will be terminated"

In this regard, the individual was repeating the same attitude and again absconded to duties from 26.11.2020 to 04.01.2021 & from 17-02-21 'to 01-03- 21 without taking proper prior permission (applied CL for 5 days & 4 days respectively) & absconded even warned, but