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2025 DAILYLAW 10297 (AP)

S LAKSMI DEVI v. THE STATE OF ANDHRA PRADESH

WP/6227/2025 · 2025-03-17

Challa Gunaranjan

body2025

Judgment text

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I, IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH | TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6227 OF 2025 Between: S Laksmi Devi, W/o. S. Narasimha, Aged about 30 ye ars, Occ: Field Assistant, R/o. Jupadu Bunglow Village and Mandal, Nandyal District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner, Rural Development/ State Programme Coordinator of Mahatma Gandhi (MGNREGS), Vijayawada, Krishna District. 3. The District Collector (DWMA), Nandyal District, Nandyal 4. The Project Director, District Water Management Agency (DWMA) Nandyal, Nandyal District erstwhile Kurnool District. National Rural E, Guarantee Scheme ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring the impugned orders of the 3'^^ respondent in Rc.No. 139/HRM/MEMO/2023, dated 24.02.2025 by terminating the petitioner services as Field Assistant of Jupadu Bunglow Village and Mandal, Nandyal District without considering the explanation submitted by the petitioner and by way of unreasoned cryptic orders. Illegal, arbitrary violative of Articles 14, 16 and 21 of the Constitution as of India and consequently set-aside the aforesaid respondent. impugned orders of the 3'’'^ lA NO: 1 OF 2n9fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioner as Field Assistant of Jupadu Bunglow Village Nandyal District by suspending the impugned orders of the in Rc.No. 139/HRM/MEMO/2023, dated 24.02.2025 and Mandal, S'"* respondent Counsel for the PetitionenSRI. K NAGA PHANINDRA Counsel for the Respondent No.1: GP FOR SERVICES Counsel for the Respondent No’s. 2 to 4: SRI M S R CHANDRA MURTHY The Court made the following ORDER: I APHC010117052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0?^ [3506] MONDAY JHE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6227/2025 Between: ...PETITIONER S Laksmi Devi AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.K NAGA PHANINDRA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 *■ The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an appropriate writ, order or direction, more particularly one in the nature of Mandamus, declaring the impugned orders of the respondent in Rc.No.139/HRM/ MEMO/2023, dated 24.02.2025 by terminating the petitioner services as Field Assistant of Jupadu Bunglow Village and Mandal, Nandyal District, without considering the explanation submitted by the petitioner and by way of unreasoned cryptic orders, as illegal, arbitrary violative of Articles 14, 16 and 21 of the Constitution of India and consequently set-aside the aforesaid impugned orders of the 3'^'^ respondent and pass such other order or orders.... ” Heard Sri K.Naga Phanindra, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I for respondent No.1 and Sri M.S.R.Chandra Murthy, learned Standing 2. Counsel, appearing for respondent Nos.2 to 4. The petitioner while working as Field Assistant at Jupadu Bunglow Village and Mandal, Nandyal District, on certain allegations, was issued a show cause notice vide Rc.No.139/HRM/MEMO/2023, dated 04.11.2024 calling upon explanation, besides she was also placed under temporary suspension by an order dated 11.12.2024, pending inquiry. The petitioner submitted explanation to the charges leveled against her and after participating in the inquiry, by impugned order dated 24.02.2025, the 4*^ respondent terminated the services of petitioner, being not satisfied with the explanation 3. C' ' 3 JW offered. Assailing by the same, the petitioner preferred the present writ petition. Learned counsel for the petitioner submits that the impugned order passed by the 4*'^ respondent does not deal with the objections 4. raised by the petitioner and evidence placed on record, in proper perspective and therefore, the same is unsustainable. On the other hand, Sri M.S.R.Chandra Murthy, learned 5. Standing Counsel, appearing for respondent Nos.2 to 4, submits that the order impugned in the writ petition is appealable under Clause (13)(c) of the Field Assistant Human Resource Policy, 2013, before the 3^^ respondent-District Collector and there is an effective rd alternative remedy, the petitioner instead of approaching the 3 respondent, straight away filed the present writ petition. 6. This Court has gone through the impugned order and opines that the same records reasons, so it cannot be said that the order is passed without appreciation of objections raised. So far as, legality of such reasoning is concerned, this Court is not inclined to go into the same, inasmuch as, there is an alternative remedy of filing appeal before the 3^^ respondent. Therefore, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of, granting liberty to the petitioner to file an appeal before the 3^^ respondent and who shall 7. 4 consider the appeal and pass appropriate orders expeditiously, after granting personal hearing to the petitioner. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Velagapudi, Guntur District. 2. The Commissioner, Rural Development/ State Programme of Mahatma Gandhi National r (MGNREGS), Vijayawada, Krishna District 3. The District Collector(DWMA), Nandyal District. Nandyal The Project Director, District Water Management Nandyal, Nandyal District erstwhile Kurnool District. SS ^ PHANINDRA, Advocate [OPUC] 7 rr > CHANDRA MURTHY, Advocate [OPUC] [Ol?Tl SERVICES I, High Court Of Andhra Pradesh. 8. Three CD Copies and Rural Development Pradesh, Secretariat Buildings, Coordinator Guarantee Scheme Rural E Agency (DWMA), PRK HIGH COURT DATED;17/03/2025 ORDER WP.No.6227 of 2025 # 1 X 2 9 MAK 2025 , Current Section Sfc£esp#.Tcv;;g55i^^ DISPOSING OF THE W.P. WITHOUT COSTS