IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 15808 OF 2020 Between: Kapara appa rao, S/o. Tirupathi rao Age. 36 years Marripaka Village Jaggampeta Mandal, E.G.Dist.A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, (PR and RD) Dept. Amaravathi, Guntur District 2. The Project Director, District Water Management Agency E.G. Dist. Kakinada 3. The Mandal Parshad, Development Officer / Program Officer, Mahatma Gandhi National Rural Employment Guarantee Scheme Jaggampeta Mandal, E.G. Dist. ...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 any writ or order more particularly one in the nature of writ of mandamus by declaring the action of 2"^^ respondent in issuing orders no. HR/08/EGS/DWMA/2018 dated 18-11-2019 as illegal, arbitrary, contrary to law, suffers from malafide intention and unconstitutional and consequently direct the respondent no.2 and 3 to continue the serScvices of the petitioner as filed assistant under the Mahatma Gandhi National rural employment guarantee scheme to Marripaka grama panchayat Jaggampeta Mandal, East Godavari district with all consequential and incidental benefits attached to the post. lA NO: 1 OF 2020 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 suspend the proceedings issued by 2 HR/08/EGS/DWMA/2018 dated 18-11-2019 pending disposal of writ Petition. Counsel for the Petitioner: SRI P V V SATYANARAYANA Counsel for the Respondents No.1, 2: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No.3: SRI M S R CHANDRA MURTHY The Court made the following: ORDER nd Respondent in orders No. APHC010240262020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 15808/2020 Between: ...PETITIONER Kapara Appa Rao AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1. P VV SATYANARAYANA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2.M S R CHANDRA MURTHY The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “ to declaring the action of 2”“' respondent in issuing orders No.HR/08/EGS/DWMA/2018, dated 18-11-2019 as iiiegal, arbitrary, contrary to law, suffers of malafide intention and unconstitutional and consequently direct the Respondent No.2 to continue the services of the Petitioner as Field Assistant under the Mahatma Gandhi National Rural Employment Guarantee Scheme to Marripaka Grama Panchayat, Jaggampeta Mandal, East Godavari District, with all consequential and incidental benefits attached to the post....’’ 2 2. Brief facts of the case are that Mahatma Gandhi National Rural Employment Guarantee Scheme (hereinafter referred to as “the scheme”) was introduced by the Central Government in the year 2005 by enacting Mahatma Gandhi National Rural Employment Guarantee Act 2005. The respective State Government was given liberty to issue guidelines/circular for implementation of the scheme. The Central Government contributes 90% funds and whereas the State Government contributes 10% funds for implementation of the scheme. The petitioner was appointed as Field Assistant under the Scheme in the month of April, 2007. The respondents 2 and 3 have been extending the petitioner’s contract period at every year and the same was renewed up to 30.09.2019. The 3'^'^ respondent was pleased to recommend for renewal of contract of various Filed Assistants/Senior Mate vide proceedings Rc.No.31/EGS/2017, dated 18.10.2019 and the petitioner’s name was also recommended for renewal of contract. The 2"^^ respondent has not passed any orders till date. While so, the respondent issued termination proceedings vide No.HR/08/EGS/DWMA/2018, dated 18.11.2019. Aggrieved by the same, the present writ petition has been filed. The 2"^ respondent filed counter affidavit denying the allegations made in the writ petition and stated that the 3'^'^ respondent initially submitted a report to the 2^^^^ respondent stating that the petitioner’s name also included for renewal of contract on 18.10.2019. However, the villagers of Marripaka Grama Panchayat made a complaint against the petitioner on 02.11.2019. Thereafter, 3. 3 3 nd respondent submitted another letter dated 02.11.2019 to the 2 the 3' respondent stating that the villagers of Marripaka Grama Panchayat made a complaint against the petitioner stating that the petitioner was created benami musters and showing old lavatories as a new lavatory and created bills and also misused the wages of wage seekers. Hence, requested to take respondent orally informed the 2 nd disciplinary action and also the 3' respondent not to renew the contract. Hence, the petitioner’s contract was not respondent. As the petitioner’s contract was ended on respondent issued termination orders of the petitioner vide nd renewed by the 2 30.09.2019,the 2 No.HR/08/EGS/DWMA/2018, dated 18.11.2019. nd 4. Heard Mr.P.V.V.Satyanarayana, learned counsel for the petitioner Assistant Government Pleader for Panchayat Raj and Rural and learned Development, for the respondent(s). On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the 2"" respondent without conducting a proper enquiry, issued suspension proceedings dated issued after termination proceedings, with 5. 25.01.2020. These proceedings are intention to overcome his mistakes in issuing the impugned termination proceedings dated 18.11.2019. He further submits that the respondents an should have followed the recommendation for the renewal of the contract as 1 per Rc.No.31/EGS/2017, dated 18.10.2019. Therefore, learned counsel requests this Court to pass appropriate orders. Per Contra, learned Assistant Government Pleader while reiterating the contents made in the counter affidavit, prayed for the dismiss of the writ petition. 6. On considering the submissions of both the learned counsels and upon perusing the material on record, without touching the merits of the case, this Court is inclined to dispose of the writ petition by setting aside the impugned termination proceedings dated 18.11.2019. 7. Accordingly, the Writ Petition is disposed of. The impugned orders vide No.HR/08/EGS/DWMA/2018, dated 18.11.2019 issued by the 2 respondent is hereby set aside. Further, the 2"" respondent is directed to consider the case of the petitioner, in the light of the proceedings vide Rc.No.31/EGS/2017, dated 18.10.2019 issued by the respondent and pass appropriate reasoned orders, strictly in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. No costs. 8. nd 9. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, (PR and RD) Dept, Amaravathi, Guntur District 2. The Project Director, District Water Management Agency E.G. Dist. Kakinada I ■f?. & 3. The Mandal Parshad, Development Officer / Program Officer, Mahatma Gandhi National Rural Employment Guarantee Scheme Jaggampeta Mandal, E.G. Dist. One CC to SRI. P VV SATYANARAYANA, Advocate [OPUC] Two CCs to GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT, High Court of Andhra Pradesh. [OUT] One CC to SRI. M.S.R. CHANDRA MURTHY, Advocate [OPUC] Three C.D.Copies 4. 5. 6. 7. nm p HIGH COURT DATED:19/02/2025 ORDER WP.No.15808 of 2020 O ^ 15 MAR 2025 . Current Section . DISPOSING OF THE WP WITHOUT COSTS