r if IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No: 12805 OF 2025 Between: Bhogireddy Padmavathi, W/o. Annapureddy Srinivasulu, aged about 46 years, Occ: Field Assistant, Nallagonda Grama Panchayati, Vinjamur Mandal, SPSR Nellore District ...PETITIONER AND 1. The State of A P, Represented by its Principal Secretary, Panchayth Raj and Rural Development, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner, Rural Development/ State Programme Coordinator, of M.G. National Rural Employment guarantee Scheme (MGNREGS), Vijayawada. 3. The District collector/ District Programme Co-ordinator, SPSR Nellore District, Nellore. 4. The Project Director, District Water Management Agency, SPSR Nellore. 5. The Mandal Parishad Development Officer, Vinjamur Mandal, SPSR Nellore District. 6. The Additional Programme Officer, MGNREGS, Vinjamur Mandal, SPSR Nellore District. ...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 the writ order or Direction more particularly in the nature of writ of Mandamus, declaring the action of the Respondents No. 5 and 6, by issuing impugned proceedings in R.C. No. A8/12/HR/Cell/2025 dated 23/04/2025 to remove the petitioner from field assistant, at Nallagonda Grama Panchayat of Vinjamur Mandal, SPSR Nellore District, without following due procedure of law on the influence of local politicians as illegal, arbitrary and against the principles of natural justice and violation of article 14, 21 & 300-A of Constitution of India Consequently quash the impugned proceedings in R.C. No. A8/12/HR/Cell/2025 dated 23/04/2025, direct the respondents to re-instate the petitioner as field assistant at Nallagonda Grama Panchayat of Vinjamur Mandal, SPSR Nellore District, and pay the salary arrears as on the date. lA NO: 1 OF 2025 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 re-instate the petitioner to his earlier position by suspending the impugned proceedings in R.C. No. A8/12/FIR/Cell/2025 dated 23/04/2025. Counsel for the Petitioner: SMT. SRIDEVI JAMPANI Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.S.R. CHANDRA MURTHY, SC FOR DISTRICT WATER MANAGEMENT AGENCY Counsel for the Respondents: SRI MATTEGUNTA SUDHIR, STANDING COUNSEL Counsel for the Respondents: SMT. B.V.APARNA LAKSHMI The Court made the following: ORDER APHC010230112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12805/2025 Between; ...PETITIONER Bhogireddy Padmavathi, AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.SRIDEVI JAMPANI Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGR,J W.P.No.12805 of 2025 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 the writ, order or Direction more particularly in the nature of writ of Mandamus, declaring the action of the Respondents No.5 and 6, by issuing impugned proceedings in R.C.No.A8/12/HR/Cell/2025 dated 23/04/2025 to remove the petitioner from field assistant, at Nallagonda Grama Panchayat of Vinjamur Mandal, SPSR Nellore District, without following due procedure of law on the influence of local politicians as illegal, arbitrary and against the principles of natural justice and violation of article 14, 21 and 300-A of Constitution of India Consequently quash the impugned proceedings in R,C.No.A8/12/HR/Cell/2025 dated 23/04/2025, direct the respondents to re-instate the petitioner as field assistant at Nallagonda Grama Panchayat of Vinjamur Mandal, SPSR Nellore District, and pay the salary arrears as on the date and pass such other order or orders....” Heard Smt Sridevi Jampani, learned counsel for the petitioner, 2. learned Assistant Government Pleader for Services-I for respondent No.1, Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondent Nos.2 to 4 and 6 and Smt B.V.Aparna Lakshmi, learned Standing Counsel for respondent No.5. Petitioner has been appointed as Field Assistant at 3. Nallagonda Gram Panchayat of Vinjamur Mandal, SPSR Nellore District on 05.07.2007. Based on certain irregularities, he was issued show cause notice and after conducting detailed inquiry, final order has been passed by proceedings vide Rc.No.A8/12/HRCell/2025, dated 23.04.2025 removing the petitioner from service. Assailing the same, present writ petition is filed. 3 HCGRJ W.P.No.12805 of 2025 Learned counsel for the petitioner submits that impugned order does not consider the explanation offered by the petitioner in proper prospective and findings are recorded erroneously. 4. 5. Sri M.S.R.Chandra Murthy learned Standing Counsel appearing for respondent Nos.2 to 4 and 6 placed on record written instructions and tried to justify the order passed by the 4*^ respondent and further contended that there is an alternative remedy of appeal before the 3"'^ respondent in terms of Clause 13C of the Field Assistant Human Resource Policy (hereinafter for short ‘FAHRP’), petitioner without availing the same, approached this Court. 6. As against the impugned order passed by the 4‘^ respondent, there is an alternative remedy of appeal and this Court cannot exercise jurisdiction under Article 226 of the Constitution of India. Petitioner is relegated to prefer appeal before the 3'^ respondent in terms of Clause 13C of FAHRP. 7. Accordingly, the Writ Petition is disposed of, by allowing petitioner to prefer appeal before the 3'^'^ respondent, within a period of two (02) weeks from today. On filing of such appeal, the 3^^^ respondent shall dispose of the same, after due opportunity of hearing to petitioner, within a period of four (04) weeks thereafter. Till aforesaid exercise is completed, respondents shall not make any 4 HCGRJ W.P.No. 12805 of2025 permanent arrangements to the post of Field Assistant. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// IV ^ ' SECTION OFFICER To, 1. The Principal Secretary, Panchayth Raj and Rural Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner, Rural Development/ State Programme Coordinator, of M.G. National Rural Employment guarantee Scheme (MGNREGS), Vijayawada. 3. The District collector/ District Programme Co-ordinator, SPSR Nellore District, Nellore. 4. The Project Director, District Water Management Agency, SPSR Nellore. 5. The Mandal Parishad Development Officer, Vinjamur Mandal, Nellore District. 6. The Additional Programme Officer, MGNREGS, Vinjamur Mandal SPSR Nellore District. SPSR 7. One CC to Smt. SRIDEVI JAMPANI Advocate [OPUC] 8. One CC to SRI M.S.R. CHANDRA MURTHY, SC FOR DISTRICT WATER MANAGEMENT AGENCY [OPUC] 9. One CC to SRI MATTEGUNTA SUDHIR, STANDING Counsel [OPUC] Two CCs to GP FOR REVENUE,High Court Of Andhra Pradesh. 10. [OUT] 11. Two CCs to GP FOR SERVICES I ,High Court Of Andhra Pradesh. [OUT] One CC to Smt. B.V.APARNA LAKSHMI, Advocate. [OPUC] Three CD Copies. 12. 13. HIGH COURT DATED:08/05/2025 ORDER X t«juL m g ^ . Current becnon ^^^esPATC>^^ WP.No.12805 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS