R.SAROJANA Vs. ORANGANTI RAJITHA

JUDGEMENT

(1.) This writ petition is directed against the order dated 16-03-2013 passed by the Chairman, Taluka Legal Services Authority, Narsampet/respondent No. 3 in P.L.C. No. 152 of 2012. Heard the learned counsel for the petitioners; learned Government Pleaders for Revenue and Education and the learned Standing Counsel for the Legal Services Authority. Though notice is served on respondent Nos. 1 and 2, there is no appearance on their behalf.

(2.) The facts of the case show that for preparing mid-day meals to the students of Upper Primary School, Lingapuram under the mid-day meals scheme, eight dwakra groups evinced interest. The selection among the groups is governed by G.O.Ms. No. 94, dated 25-11-2002. It appears that respondent Nos. 1 and 2, who belong to one of the groups were selected for preparation of mid-day meals to the students of said school from 02-01-2007 to April, 2012. Thereafter, as per the resolution of the Gramasabha dated 02-09-2012, in the place of respondent Nos. 1 and 2, the petitioners who belong to another group were entrusted with the work of preparing mid-day meals under the mid-day meals scheme and they have been working as such from April, 2012. Aggrieved by such resolution, respondent Nos. 1 and 2 approached the Taluka Legal Services Authority, Narsampet stating that the headmaster of the school; the Mandal Educational Officer, Chennaraopet; the Village Special Officer and MPDO are getting the mid-day meals prepared by another group under political influence. The said pre-litigation case was registered by the Taluka Legal Services Authority, Narsampet as PLC No. 152 of 2012 and notices were issued to the headmaster, the Mandal Educational Officer and the District Educational Officer. In response to the notices, the said authorities produced documents showing that the disputes have been resolved amongst the eight groups and each group is given choice of one year by lottery method. The Taluka Legal Services Authority however was of the view that the official respondents failed to show any provision which authorises them to remove respondent Nos. 1 and 2 and consequently gave interim directions that respondent Nos. 1 and 2 be continued in the preparation of mid-day meals in the name of their group in the Upper Primary School, Lingapuram, until they are removed by due process of law. The said order is questioned by the writ petitioners in this writ petition primarily on the ground that the Taluka Legal Services Authority has no power to give directions under Section 19(5) read with Section 20 of the Legal Services Authority Act, 1987 (for short 'the Act') and that the order impugned in the writ petition is in violation of the principles of natural justice.

(3.) On 10-06-2013, while issuing notice on admission, this Court directed the official respondents to get instructions and produce the necessary records. Subsequently, on 10-07-2013 we directed the Member Secretary, Andhra Pradesh State Legal Services Authority to get instructions in the matter.