MEMORANDUM OF WRIT PETITION
(SPECIAL ORIGINAL JURISDICTION)
(UNDER ART. 226 OF THE CONSTITUTION OF INDIA)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
W.P.No. of 2024
Between:
Kaipu Kondamma, W/o. Chinna Obbaiah,
Aged about 46 years, Occ: Anganwadi Helper (Suspend),
R/o.D.No. 3/37, Viswanadhapuram,
Mydukuru Mandal, YSR District. …Petitioner.
AND
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
3. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
4. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District. …. Respondents.
The address for service on the above named Petitioners is that of their
counsels Manthri Kiran Kumar (25132), Rupeshwar Reddy, Advocate, Office at
Flat No.211, E-block, Amaravathi Icon, Tadepalli, Guntur District.Cell:
6300606560.
For the reasons stated in the accompanying affidavit, the petitioner herein
prays that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or
direction, more particularly one in the nature of Writ of Mandamus declaring the
proceedings No./I.C.D.S/2023, dated 01.03.2024 issued by the respondent No.3,
awarding the petitioner a punishment by placing her under suspension with
immediate effect for a period of two months from 2 months i.e., 01.03.204 to
30.042024, on the ground that the petitioner participated in Telugu Desam Party
activities and that she is promoting the same among the parents of children of
Anganwadi School upon the complaint of the local MLA (Mydukkur) as arbitrary,
illegal, contrary to the well-established legal principles apart from being violative
of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21
of the Constitution of Indiaand consequently set aside the same and pass such other
order or orders may deem fit and proper in the circumstances of the case.
Amaravathi
Date:06.03.2024 Counsel for Petitioner
YSR ::DISTRICT
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATHI
W.P.No. of 2024
WRIT PETITION
Filed by:
MANTHRI KIRAN KUMAR (25132)
ADVOCATES
COUNSELS FOR PETITIONER
MEMORANDUM OF WRIT PETITION MISC. PETITION
(UNDER SEC. 151 OF THE C.P.C.)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
I.A.No. of 2024
IN
W.P.No. of 2024
Between:
Kaipu Kondamma, W/o. Chinna Obbaiah,
Aged about 46 years, Occ: Anganwadi Helper (Suspend),
R/o.D.No. 3/37, Viswanadhapuram,
Mydukuru Mandal, YSR District. …Petitioner.
AND
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
3. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
4. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
For the reasons stated in the accompanying affidavit filed in support
of the above Writ Petition, the petitioner herein prays that this Hon'ble Court may
be pleased to suspend the operation of the proceedings No./I.C.D.S/2023, dated
01.03.2024,issued by the respondent No.3, pending disposal of the above
WritPetition and pass such other order or orders may deem fit and proper in the
circumstances of the case.
Amaravathi
Date: 06.03.2024 Counsel for Petitioners
YSR ::DISTRICT
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATHI
I.A.No. of 2024
IN
W.P.No. of 2024
SUSPENSION PETITION
Filed on: 06.03.2024
Filed by:
MANTHRI KIRAN KUMAR (25132)
ADVOCATES
COUNSELS FOR PETITIONER
Single:
Service/Non-Service
Dept:
Category Code and
Sub Category Code
Admission Court:
HIGH COURT
SPECIAL ORIGINAL JURISDICT ION
W.P.No. of 2024
YSR :: DISTRICT
Kaipu Kondamma
..Petitioner
MANTHRI KIRAN KUMAR (25132)
ADVOCATES
COUNSELS FOR PETITIONER
NATURE OF APPLICATION
(Under Art. 226 of Constitution of India)
The Hon'ble Court may be pleased to issue an appropriate Writ, Order or direction,
more particularly one in the nature of Writ of Mandamus declaring the proceedings
No./I.C.D.S/2023, dated 01.03.2024 issued by the respondent No.3, awarding the
petitioner a punishment by placing her under suspension with immediate effect for
a period of two months from 2 months i.e., 01.03.204 to 30.042024, on the ground
that the petitioner participated in Telugu Desam Party activities and that she is
promoting the same among the parents of children of Anganwadi School upon the
complaint of the local MLA (Mydukkur) as arbitrary, illegal, contrary to the well-
established legal principles apart from being violative of the fundamental rights
guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of
Indiaand consequently set aside the same and pass such other order or orders may
deem fit and proper in the circumstances of the case.
PRESENTED ON :06.03.2024
FILED ON :06.03.2024
HIGH COURT
WRIT PETITION MISC.PETITION
I.A.No. of 2024
IN
W.P.No. of 2024
YSR :: DISTRICT
Kaipu Kondamma
..Petitioner
MANTHRI KIRAN KUMAR (25132)
ADVOCATE
COUNSELS FOR PETITIONER
NATURE OF APPLICATION
(UNDER SEC. 151 C.P.C.)
This Hon'ble Court may be pleased to
suspend the operation of the proceedings
No./I.C.D.S/2023, dated 01.03.2024,issued by
the respondent No.3, pending disposal of the
above WritPetition and pass such other order or
orders may deem fit and proper in the
circumstances of the case.
PRESENTED ON:
REPRESENTED ON:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
W.P.No. of 2024
Between:
Kaipu Kondamma ...Petitioner
AND
The State of Andhra Pradesh& 2 Others. ...Respondents
CHECK LIST FOR WRIT PETITION
S.No. Item No. Page No. Checking Officer’s Signature Remarks
1 2 3 4 5
ORIGINAL SET
1) Proof of Service 1
2) Court Fee Rs. /- 2
3) Writ Petition 3
4) Annexures I & II 4
5) Affidavit 5 to
a) Averment regarding previous proceedings
(mention Page No. Para No. )
b) Averment regarding alternative relief
(mention Page No. Para No. )
6) Verification Statement
7) Enclosure
8) Material Papers
(Duly Indexed P.Series) to
9) a) VakalathRs. /-
b) Power of Attorney/Resolution Authorising
to sue if petition is filed in rep.capacity
10) Sheet containing Respondents' Addresses________________________
DUPLICATE SET
11) Writ Petition 3
12) Annexures I & II 4
13) Affidavit 5 to
14) Material Papers to ___________________________________
MISCELLANEOUS SET
15) BattaRs.
16) Rule Nisi Forms
17) Covers with Postal Addresses &Ack.Forms
18) Copies of Petition and Affidavits
(As many as the No.of the Respondents + 2)______________________
19. WRIT PETITION MISC. PETITION
(Filed for)
Petition
Court Fee Rs.
BattaRs.
Notice Papers, Covers with Postal Addresses and Ack.Forms
Proforma Draft Interim Order
Signature of the Signature of the Advocate
Scrutiny Officer Name: MANTHRI KIRAN KUMAR (25132))
FOR OFFICE USE ONLY
Respondent Vakalat filed by for Respt.No.
Counter Filed for Respt.No.
Other Miscellaneous Petitions filed
ADDRESSES FORM
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
3. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
4. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
…..Respondents
Amaravathi
Date:06.03.2024 Counsel for Petitioner
SERVICE CERTIFICATE
(Proof of service)
We have served the copies of Writ Petition, Affidavit,
Writ Petition Miscellaneous Petition(s) and Material
Papers on the other side Counsel/Government Pleader.
Amaravathi
Date: 06.03.2024 Counsel for Petitioner
DECLARATION
All the documents annexed to the petition, in vernacular, are accompanied by the
English translation, true, correct and complete in all respect.
Amaravathi
Date: 06.03.2024 Counsel for Petitioner
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
I.A.No. of 2024
In
W.P.No. of 2024
Between:
Kaipu Kondamma, W/o. Chinna Obbaiah,
Aged about 46 years, Occ: Anganwadi Helper (Suspend),
R/o.D.No. 3/37, Viswanadhapuram,
Mydukuru Mandal, YSR District. …Petitioner.
AND
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
4. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
5. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
to suspend the operation of the proceedings No./I.C.D.S/2023, dated
01.03.2024,issued by the respondent No.3, pending disposal of the above WritPetition
and pass such other order or orders may deem fit and proper in the circumstances of the
case.
Take Notice that the Appellant /Petitioner (Respondent) has/have presented a petition to the Court
Praying that Under Section 151 of C.P.C. (AFFIDAVIT AND PETITION ENCLOSED) and that
the same will be heard by the Court on the day 2024.
Notice and Interim Stay has/have been granted by order Court dated the of 2024 the
affidavit of has been filed in support thereof Dated at AMRAVATHI this
day 2024
Advocate for Petitioner
(Writ of Court Orders-Order List (To Produce and or to appear)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
(Special Original Jurisdiction) day the of two thousand
Writ Petition No. of 2024
Between:
Kaipu Kondamma. ….. Petitioners
AND
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
3. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
4. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District. ….Responddents
MANTHRI KIRAN KUMAR (25132)upon motion this day made in to this Court by bring of
opinion that the record to and touching upon all the matter and contentions raised in the memorandum
of representation petition, a copy of which is annexed hereto, together with the decision therein
should be called for and pursued: IT IS HEREBY COMMANDED.
(1) Thatyou, the aforesaid Respondent No. do sent, of our use in High Court of Judicature
Andhra Pradesh all and singular the said record and other with all the things touching the same as
fully and perfectly as they have been made by you and now remain in your custody or power
together with this, Rule Nisi before the day of 2024 and
That you intend to oppose the petition you the aforesaid Respondent No. do appear
personally OR by Advocate on the day of 2024 at 10-30 A.M. before the court show
cause why this petition should not be complied with and that we may cause further to be done there
on what of right and according to law we shall see fit to be done.
WITNESS the Hon'ble Chief Justice of High Court of Judicature, Andhra Pradesh at
AMRAVATHI, this the year two thousand eleven.
Hearing Date: Assistant Registrar
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
W.P.No. of 2024
Between:
Kaipu Kondamma …Petitioner
AND
The State of Andhra Pradesh ...Respondents
COURT FEE
Amaravathi
Date: 06.03.2024 Counsel for Petitioner
BATTA FORM
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
4. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
5. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
4. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
5. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
4. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
5. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
4. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
5. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
W.P.No. of 2024
CHRONOLOGICAL / RUNNING INDEX
Sl. Exhi Description of Document Date of Date of filingPage
No. bit Document of Document No.
1. Service Certificate: 22.02.2024 22.02.2024
2. Court fee: -do- -do-
3. Writ Petition: -do- -do-
4. Annexure: -do- -do-
5. Affidavit: -do- -do-
6. Verification: -do- -do-
MATERIAL PAPERS -do-
7. P1 Proceedings 01.03.2024
8. P2 Orders, 29.02.2012
9. P3 Memo 07.02.2024
9. P4 Explanation 09.02.2024
10.
11.
12.
13. Vakalath: .02.2024 -do-
14. Respondents Addresses: -do- -do-
Amaravati,
Date: 06.03.2024 Counsel for Petitioner
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
W.P.No. of 2024
LIST OF EVENTS
ANNEXURE – I
Sl.No. Para Page
Date Description of the Events
No. No.
The petitioner had been selected in the Selection
Committee as Anganwadi helper in
Viswanadhapuram HW, Mydukuru Mandal through
the Orders No.1674/A3/2010, dated 29.02.2012
1. issued by respondent No.5 and since then the
petitioner have been discharging her duties with
utmost sincerity without any complaints whatsoever
from anybody there has been no irregularity found
against her.
Whileso, to petitioners utter shock and surprise, the
respondent No.4 had issued a Show Cause Notice
2.
vide memo No.56/ICDS-Mydukuru/2023, dated
07.02.2024, for initiating action against the petitioner
on a complaint dated 05.02.2024 said to have been
received from Sri S.Raghurami Reddy, MLA
Mydukuru Constituency stating that she has indulged
in political activities of Telugu Desam Party. It is
further alleged that the petitioner have participated in
Telugu Desam Party activities and she is promoting
the political activities among the parents of children
of Anganwadi School. It is necessary to point out here
that, there are certain villagers who have developed
animosity against the petitioner and who are the
henchmen of Sri S.Raghurami Reddy, MLA
Mydukuru Constituency seems to have feed him
wrong infromation and at their behest such a
complaint has been made by the local MLA. On
receipt of the Memo, dated 07.02.2024, the petitioner
submitted a detailed explanation, dated 09.02.2024
refuting all the charges levelled against she and
further brought to the notice of the respondent No.2
that all the charges against her are baseless. Further,
that on 01.02.2024 when the petitioner visited the
Local Temple, the followers of TDP MLA candidate
Putta Sudhakar were campaigning, that they
forcefully wrapped around her neck a TDP Scarf and
that immediately the petitioner removed the scarf and
stated that the petitioner do not want to indulge in
party activities
Subsequently, the respondent No.3 had awarded the
petitioner a punishment of suspension for a period of
3.
two months i.e. 01.03.2024 to 30.04.2024vide the
proceedings, dated 01.03.2024. A mere perusal of the
order impugned in the Writ Petition, the only basis for
initiating the disciplinary enquiry is the letter of the
Local MLA and there is no other basis whatsoever.
Further, the respondents have not at all conduct any
enquiry from any of the parents or children if the
petitioner indulged in political party activities.
Further, the petitioner is not even a member of any
political party and the entire enquiry which was
conducted was to place the petitioner under
suspension and the same is an eye wash. Further, it is
also unclear as to how the Local MLA has come to a
conclusion that the petitioner indulged in political
activities.
The petitioner has neither participated voluntarily in
the Telugu Desam Party activities nor encouraged any
political activities among the parents of children of
4.
theAnganwadi School. At the cost of repetition on
01.02.2023, there is a huge political rally conducted
in my village at Sri Ramula temple and a program has
been held. Whileso, the respondent No.3 issued the
proceedings impugned in the Writ Petition placing me
under suspension by the allegation made by the MLA
out of political motive.
Whereas, the respondent No.3 had issued the
proceedings impugned in the Writ Petition, keeping
me under suspension without any proper notice and
5. enquiry, basing on the allegations, quite contrary to
the well-established legal principles being laid down
by this Hon’ble Court as well as Hon’ble Apex Court
from time to time.
ANNEXURE-II
Under Article 226 of Constitution of India.
Amaravathi
Date:06.03.2024 Counsel for Petitioner
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
W.P.No. of 2024
Between:
Kaipu Kondamma …Petitioner
AND
The State of Andhra Pradesh & 2 Others
....Respondents
COURT FEE
CF- Rs. /-
Batta- Rs. /-
Batta- Rs. /-
C.C. Rs. /-
Petition Rs. /-
VakalatRs. /-
-----------------------
Total Rs. /-
------------------------
Amaravathi
Date: 06.03.2024 Counsel for Petitioner
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
W.P.No. of 2024
Between:
Kaipu Kondamma …Petitioner
AND
The State of Andhra Pradesh & 2 Others ..Respondents
PROCEEDING SHEET
S. Sl.No. DATES COURT PROCEEDINGS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Amaravathi
Date: 26.02.2024 Counsel for Petitioner
BATTA FORM
1. The State of Andhra Pradesh rep., by its
Principal Secretary, School Education Department,
Secretariat Buildings, Secretariat,
Amaravathi, Guntur District.
2. The District Collector,
Kadapa.
3. The District Women and Child Welfare and Empowerment Officer,
Kadapa, Y.S.R District.
4. The Child Development Officer,
ICDS Project, Mydukuru, Y.S.R District.
5. The Integrated Child Development Officer,
Proddatur Rural, Y.S.R District.
Amaravathi
Date: 06.03.2024 Counsel for Petitioner
