1 APHC010184132019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8211/2019 Between: N Mahesh ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CH SRINIVAS Counsel for the Respondent(S): 1. M S R CHANDRA MURTHY 2. GP FOR SERVICES I The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue a writ or writs more particularly in the nature of writ of mandamus declaring the action of the respondents in not giving posting orders inspite of the suspension order vide proc Notice No K9/1527/1515 dt 4-5-2015 of the 3rd respondent revoked by virtue of final orders of this Hon'ble court passed in WP No.18338/2015 dt 23-6-2015 as illegal, arbitrary, high handed, violation of principles of natural justice and cannot be justified in the eye of law and consequently direct the respondents to giving posting orders with all 2 consequential benefits in the interest of justice and pass such other and further order or orders …...” 2. Heard Sri Ch.Srinivas, learned counsel for the petitioner, learned Government Pleader for Services-I, appearing for the respondents 1 and 2 and Sri M.S.R.Chandra Murthy, learned Standing Counsel for MGNREGS, appearing for the 3rd respondent. 3. Learned counsel for the petitioner would submit that despite the suspension order of the petitioner is revoked by virtue of final orders in W.P.No.18338 of 2015, dated 23.06.2015, posting orders are not given to the petitioner. In the light of the interim orders passed by this Court, the petitioner is reinstated into service on 09.07.2019. 4. Learned Standing Counsel would submit that thereafter the petitioner being Field Assistant could not reach the targets fixed. Subsequently, the work allotted to the Gram Panchayat is falling under the category-II Gram Panchayat. As such, there is no post of Field Assistant. 5. Learned counsel for the petitioner would submit that such being the case, he may be accommodated as senior mate in Category-II Gram Panchayat. 6. Considering the submissions made and on perusal of the material on record, in pursuance of the interim order passed by this Court, the petitioner was reinstated into service as Field Assistant. Thereafter, since the work 3 allotted to the Gram Panchayat is falling under Category-II, there is no post as Field Assistant. As such, the services of the petitioner were not engaged. It is needless to say that conversion of Field Assistant from Category-I Gram Pancyhayat to Category-II Gram Panchayat as senior mate is not automatic. 7. In that light, the Writ Petition is disposed of. However, the petitioner is at liberty to make a representation to the concerned authorities to consider him as a senior mate. On submission of such representation, the respondent authorities are directed to take appropriate decision according to governing rules and law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.04.2025 ARR 4 127 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8211/2019 Dt.09.04.2025 ARR