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High Court of Andhra Pradesh · body

2025 DAILYLAW 11429 (AP)

CHEELI RAJA SEKHAR v. THE STATE OF AP

WP/7116/2025 · 2025-03-21

Challa Gunaranjan

body2025

Judgment text

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tsGsaaot IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7116 OF 2025 Between: Cheeli Raja Sekhar, S/o. Raju, Occ; Filed Assistant, aged 36 years R/o. 3-73 Jaggannapeta Village, Tadepalligudem Mandal, West Godavari District ...PETITIONER AND 1. The State of Andhra Pradesh; Rep. by its Principal Secretary, Panchayat Raj and Rural Development, Secretariat Building, Amaravathi, Guntur District. 2. The District Collector, Bhimavaram West Godavari District. 3. The Project Director, District Water Management Authority, Bhimavaram, West Godavari District. 4. The Mandal Parishad Development Officer, Tadepalligudem, West Godavari District. 5. The Assistant Project Director, MGNREG Scheme, Bhimavaram, West Godavari District. 6. The Chief Executive Officer and Director, Panchayath Raj and Rural Development, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a WRIT OF MANDAMUS declaring the action of the respondents No. 3 and 4 in issue proceedings No. HR/13/WG- EGS/DWMA/2025, dated 10-02-2025 and HR/13/WG- EGS/DWMA/2025, dated 13-02-2025 the petitioner to function as Field Assistant under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) is arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No. 3 and 4 to allow the petitioner to work as Field Assistant under MGNREG Scheme. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct to 3'^'^ and 4‘^ Respondents to allow the petitioner to work as Field Assistant under MGNREG Scheme. Counsel for the Petitioner: SRI GANDHAM SR PRASAD Counsel for the Respondent Nos.1,2 & 6: GP FOR SERVICES I Counsel for the Respondent Nos;3 & 5: SRI M.S.R. CHANDRA MURTHY SC FOR MGNREGS Counsel for the Respondent No.4: SRI G. SRINIVASULU, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010132672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7116/2025 Between: ...PETITIONER Cheeli Raja Sekhar AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.GANDHAM SR PRASAD Counsei for the Respondent(S): 1.GP FOR SERVICES I 2. M.S.R.CHANDRA MURTHY 3.G.SRINIVASULU The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “to declare the action of the respondents No 3 and 4 in issuing proceedings No.HR/13A/WG-EGS/DWMA/2025, dated 10-02-2025 and HR/13/WG-EGS/DWMA/2025, dated 2 CGR, J W.P. No.7116 of 2025 13-02-2025, the petitioner to function as Field Assistant under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) is arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No.3 and 4 to allow the petitioner to work as Field Assistant under MGNREG Scheme and pass such other orders.” Heard Sri Gandham S.R.Prasad, learned counsel for petitioner, learned Assistant Government Pleader for Services I for the respondents 1, 2 and 6, Sri M.S.R.Chandra Murthy, learned standing counsel for MGNREGS for the respondents 3 and 5 and Sri G.Srinivasulu, learned standing counsel for the 4*^ respondent. 2. 3. Petitioner was appointed as Filed Assistant at Jaggannapeta Gram Panchayat, Tadepalligudem Mandal, West Godavari District, on certain allegations and he has been placed under suspension by proceedings R.C.No.HR/13/WG- EGS/DWMA/2025, dated 10.02.2025, besides he was also show- caused to submit explanation on the said allegations. Petitioner submitted explanation on 17.02.2025 and the same is pending consideration. 3 CGRJ W.P. No.7116 of 2025 4. Learned Assistant Government Pleader for Services - I submits that the competent authority will conclude the enquiry after considering the explanation submitted by the petitioner as expeditiously as possible. Having regard to the submissions made by both parties, without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the 3'’'^ respondent to consider the explanation submitted by the petitioner and after affording an opportunity of personal hearing to the petitioner, complete the enquiry as expeditiously as possible, but not later than four weeks from the date of receipt of a copy of this order. 5. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRY //TRUE COPY// SE N OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat Building, Amaravathi, Guntur District. 2. The District Collector, Bhimavaram West Godavari District. 3. The Project Director, District Water Management Authority, Bhimavaram, West Godavari District. 4. The Mandal Parishad Development Officer, Tadepalligudem, West Godavari District. 5. The Assistant Project Director, MGNREG Scheme, Bhimavaram, West Godavari District. 6. The Chief Executive Officer and Director, Panchayath Raj AND Rural Development, Vijayawada. 7. One CC to Sri Gandham SR Prasad, Advocate [OPUC] 8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 9. One CC to Sri G. Srinivasulu, SC for ZPP, MPP& Gram Panchayat[OPUC] 10. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED:21/03/2025 @=SfandS^^ t 25 MAR 2025 g ^ . Current becuon ^ / ^<i2^spatc>?!5^ ORDER WP.No.7116 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS