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2025 DAILYLAW 11695 (AP)

P SIVA RAMA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/7133/2025 · 2025-03-21

Challa Gunaranjan

body2025

Judgment text

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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: 7133 OF 2025 Between: P. Siva Rama Krishna, S/o Nageswara Rao, Aged: 37 years, Occ: Field Assistant, R/o Mokkapadu Gram Panchayat, Rajupalem Mandal, Palnadu District, (Erstwhile Guntur District). ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector-cum- District Programme Coordinator of MGNREGS, Narasaraopeta, Palnadu District - 522601. 3. Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Narasaraopeta, Palnadu District - 522601. 4. Mandal Parishad Development Officer-cum-Programme Officer of MGNREGS, Mandal Praja Parishad, Rajupalem Mandal, Palnadu District- 522412. 5. Additional Programme Officer (APO), MGNREGS, 0/0 Mandal Parishad Development Officer, Mandal Praja Parishad, Rajupalem Mandal, Palnadu District - 522412. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the to 5 in not continuing and allowing the petitioner to discharge his duties Field Assistant working in Mokkapadu Gram Panchayat in Rajupalem Mandal of Palnadu District, without there being termination order, as illegal, arbitrary, violative of the provisions of Field Assistants Human Resource Policy and Mahatma Gandhi National Employment Guarantee Scheme Act, 2005 and offends Articles of Constitution of India and consequently direct the respondents 3 continue and allow the petitioner to discharge his duties as field assistant working in Mokkapadu Gram Panchayat in Rajupalem Mandal of Palnadu District. respondents 3 as any suspension or Rural 14 and 21 to 5 to lA NO: 1 OF 202fi 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 the respondents 3 to 5 to continue discharge his duties as field assistant working in Mokkapadu Gram Panchayat in Rajupalem Mandal of Palnadu District, pending disposal of the main Writ Petition. and allow petitioner to Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR SERVICES Counsel for the Respondent Nos.2,3 & 5: SRI M.S.R. II CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.4; SRI G. SRINIVASA REDDY, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010136192025 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: 7133/2025 Between: P Siva Rama Krishna ...PETITIONER AND The State Of Andhra Pradesh and Others ..■.RESPONDENT(S) Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the 'Respondent(S): 1.GPFOR SERVICES II 2.G.SRINIVASULU REDDY 3.M.S.R.CHANDRAMURTHY The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief: “to declare the action of the respondents 3 to 5 in not continuing and allowing the petitioner to discharge his duties as Field Assistant working in Mokkapadu Gram 2 CGR, J W.P. No.7133of 2025 Panchayat in Rajupalem Mandal of Palnadu District without there being any suspension or termination order as illegal, arbitrary, violative of the provisions of Field Assistants Human Resource Policy and Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 3 to 5 to continue and allow the petitioner to discharge his duties as field assistant working in Mokkapadu Gram Panchayat in Rajupalem Mandal of Palnadu District and pass such other order.” 2. Petitioner was appointed as Field Assistant working in Mokkapadu Gram Panchayat of Rajupalem Mandal in Palnadu District under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) scheme since 2009. 4**^ respondent has issued show-cause notice dated 28.12.2024 with certain allegations and called for explanation of petitioner. Petitioner could not submit explanation within the time fixed, however, sought for extension of time. 3''* respondent issued another show-cause notice dated 17.01.2025 to various Field Assistants, including petitioner herein, alleging that they were all absconding from their duties and not attending to the assigned duties, therefore, they were directed to present themselves before him on 23.01.2025. The While so, the were Petitioner 3 CGR, J W.P. No.7133 of 2025 submitted explanation on 24.01.2025 to the 3'^'^ respondent denying aforesaid allegations, however, no orders have been passed so far. 3. Heard Sri Srinivas Ambati, learned counsel for petitioner, learned Assistant Government Pleader for Services - II for the 1®* respondent, Sri M.S.R.Chandra Murthy, learned standing counsel for respondents 2, 3 and 5 and Sri G.Srinivasa Reddy, learned standing counsel for the 4**^ respondent. 4. Learned counsel for petitioner submits that though aforesaid show-cause notices were issued and petitioner has been pursuing these proceedings by filing appropriate objections, the respondents have neither passed any order or allowing petitioner to discharge his duties as Field Assistant. Learned standing counsel based on written instructions 5. dated 21.03.2025 submits that petitioner has absconded from the duties, hence, show-cause notice was issued and the matter is being enquired into. 6. In this case petitioner was already issued show-cause notice alleging certain irregularities and the same is being enquired into, to which petitioner is actively participating, without 4 CGR, J W.P. No.7133 of 2025 expressing any opinion on merits of the matter, the writ petition is disposed of directing the respondent to complete the enquiry after providing opportunity of hearing to petitioner within a period of one month from the date of receipt of a copy of this order. Meanwhile, the respondents shall allow the petitioner to discharge his duties at the place where he has been posted. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. ASSISTANT REGISTRAR //TRUE COPY// '/ SECTION OFFICER To, 1. The Principal Secretary to Government Development Department - Panchayat Raj and Rural State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur 2. The District Collector District. MrwRPr^o Coordinator MGNREGS, Narasaraopeta, Palnadu District - 522601. MGNrS Programme Coordinator MGNREGS, Drstnct Water Management Agency, Narasaraopeta, Of of Palnadu District - 522601 4. The Mandal Parishad Development MGNREGS, Mandal Praja Parishad, District - 522412. Officer-cum-Programme Officer Rajupalem Mandal, Palnadu of 5. The Additional Programme ‘ Parishad Development Officer, Mandal, Palnadu District Officer (APO), MGNREGS, 0/0 Mandal Mandal Praja Parishad. Rajupalem - 522412. -■a'— <% 6. One CC to Sri Srinivas Ambati, Advocate [OPUC] 7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 8. One CC to Sri G. Srinivasa Reddy, SC for ZPP, MPP& Gram Panchayat[OPUC] 9. Two CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:21/03/2025 ORDER WP.No.7133 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS