IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12928 OF 2025 Between: Sriram Madhulatha, W/o.P.Viswanath, Aged about 28 years, Occ: Field Assistant, R/o.D.No.4, Idupulapaya Village, Vempalli Mandal, YSR Kadapa District. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural ■ Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector and District Program Coordinator, Co-ordinator of MGNREGS, YSR Kadapa District. 3. The Commissioner, Panchayat Raj and Rural Development Department, Tadepalli, Guntur District. 4. The Project Director (PD), Cum Additional District Coordinator MGNREGS, District Water Management Agency (DWMA), YSR Kadapa District at Kadapa. 5. The Mandal Parishad Development Officer (MPDO), MGNREGS, Mandal Praja Parishad, Vempalli Mandal, YSR Kadapa District. 6. The Idupulapaya Gram Panchayat, Idupulapaya Village, Vempalli Mandal, YSR Kadapa District, Rep.by its Secretary. 7. Rayachoti Sujatha, W/o. P.Gopinath, Occ: Field Assistant, R/o. Idupulapaya Village, Vempalli,Mandal, YSR Kadapa District. ...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 a Writ of Mandamus, or other appropriate writ, order or direction, declaring the action of the 2nd respondent in not deciding stay application or appeal filed on 26.04.2025 preferred by the petitioner may challenging the order passed by the 4th respondent in terminating the petitioner from his service as Field Assistant of Idupulapaya Village, Vempalli Mandal, YSR Kadapa District permanently and appointing 7th respondent Field Assistant as vide proceedings Rc.No.815/HR/FA/PLVD/2024 dated 01.05.2025 by the 4th respondent in the place of petitioner even though appeal preferred by the petitioner is pending before the 2nd respondent for adjudication as illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and violative of Articles 14 and 21 of the Constitution of India and Consequently set-aside the order of appointing 7th in his proceedings 4th respondent respondent by the Rc.No.815/HR/FA/PLVD/2024 dated 01.05.2025 and further consequently direct respondents herein to continue the petitioner as Field Assistant in Idupulapaya Village, Vempalli Mandal- YSR Kadapa District till the disposal of appeal before the 2nd respondent filed by the petitioner 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 the respondents herein to continue the petitioner as Field Assistant in idupulapaya Village, Vempalli Mandal, YSR Kadapa District tili the disposal of appeal before the 2nd respondent filed by the petitioner by suspending the proceedings of 4th respondent vide proceeding^ Rc.No.941/HR/Vempalli/2024 dated 19.04.2025, pending disposal of the writ petition. lA NO: 2 OF 2n9Fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to suspend the operation of Rc.No.815/HR/FA/PLVD/2024 dated respondent as Field Assistant in Idupulapaya Village, Vempalll Mandal Kadapa District, pending disposal of the writ petition. may be proceedings of 4th respondent 01.05.2025 in appointing 7th YSR Counsel for the Petitioner: SRI P NARAHARI BABU Counsel for the Respondent No. 1: GP FOR SERVICES Counsel for the Respondent Nos. 2 to 4: SRI M S I R CHANDRA MURTHY Counsel for the Respondent Nos. 5 & 6: SMT. B V APARNA LAKSHMI (SC FOR ZPPS, MPPS & GP) Counsel for the Respondent No.7: The Court made the following: ORDER f% APHC010244392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12928/2025 Between: Sriram Madhulatha ...PETITIONER .AND The State of A.P. rep. by its Principal Secretary Panchayat Raj and Rural Development Departmentand others. Counsel for the Petitioner: 1.P. NARAHARI BABU Counsel for the Respondent: ...RESPONDENT 1. The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “...to issue a writ of mandamus or other appropriate writ, order or direction, declaring the action of the 2"*^ respondent in not deciding stay application or appeal filed on 26.04.2025 by the petitioner challenging the order passed by the 4**^ respondent in terminating the petitioner from service as Field Assistant of Idupulapaya Village, Vempalli Mandal, YSR Kadapa District, permanently, and appointing 7*'^ respondent as Field Assistant vide proceedings Rc.No.815/HR/FA/PLVD/2024, dated 01.05.2025 by the 4^*^ CGR, J. W.P No, 12928 of 2025 respondent in place of petitioner even though appeal preferred by the petitioner is pending before the 2"^ respondent for adjudication, as illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005, and consequently, set aside the order of appointment of 7*^ respondent passed by the respondent in proceedings, dated 01.05.2025, and direct the respondents to continue the petitioner as Field Assistant and pass....” 1 Heard Sri P.Narahari Babu, learned counsel for the petitioner; 2. learned Assistant Government Pleader for Services-I for respondent: Sri M.S.R. Chandra Murthy, learned Standing Counsel for MGNREGS, appearing for respondents 2 to 4; and Smt.B. V. / Aparna Lakshmi, learned standing counsel for respondents 5 and 6. 3. Petitioner has been appointed as Field Assistant of Idupulapaya Village, Vempalli Mandal, YSR Kadapa District in the year 2021. Based on certain allegations, she was issued show-cause notice-cum-temporary removal order, dated 20.01.2025, for which petitioner has submitted explanation and thereafter, the 4*^ respondent has passed final orders, dated 19.04.2025, terminating the services of the petitioner. Aggrieved by the same, petitioner has preferred appeal before the 2"^^^ respondent on 26.04.2025, which is stated to be pending. However, without awaiting outcome of the appeal, now the 4**^ respondent has appointed 7*^ respondent as Field CGR, J W.P. No. 12928 of 2025 Assistant, by proceedings, dated 01.05.2025 only to circumvent the petitioner’s right to claim for reinstatement in case the appeal is allowed. Learned counsel for the petitioner submits that the respondents without deciding the appeal are precluded from making any permanent appointment to the said post, in a way, the same would defeat the rights of the petitioner in case petitioner succeeds in the 4. f appeal. 5. Sri M.S.R. Chandra Murthy, learned Standing Counsel, appearing for respondents 2 to 4, on instructions, would submit that appeal preferred by the petitioner would be disposed of in accordance with law. 6. As petitioner’s appeal is pending and that the respondents are intending to decide the appeal itself, this Court is inclined to dispose of the present writ petition at the admission stage by directing the 2'^^ respondent to decide the appeal after providing due opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the permanent appointment of 7'*^ respondent as Field Assistant, as effected by proceedings dated 01.05.2025, shall be subject to outcome of the said appeal. CGR, J. W.P.No.12928of 2025 Accordingly, the writ petition is disposed of at the admission 7. stage. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ON OFFICER S £ ■ To, 1. ^the Principal Secretary, Panchayat Raj and Rural Development Depdrtmeot, Sedretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector and District Program Coordinator, Co-ordinator of MGNREGS, YSR Kadapa District. 3. The Commissioner, Panchayat Raj and Rural Development Department, Tadepalli, Guntur District. 4. The Project Director (PD), Cum Additional District Coordinator MGNREGS, District Water Management Agency (DWMA), YSR Kadapa District at Kadapa. 5. The Mandal Parishad Development Officer (MPDO), MGNREGS, Mandal Praja Parishad, Vempalli Mandal, YSR Kadapa District. 6. The Secretary, Idupulapaya Gram Panchayat, Idupulapaya Village, Vempalli Mandal, YSR Kadapa District. 7. One CC to Sri P Narahari Babu, Advocate [OPUC] 8. Two CCs to GP for Services-f High Court of Andhra Pradesh. [OUT] 9 One CC to Smt. B V Aparna Lakshmi (SC for ZPPS, MPPS & GP) Advocate [OPUC] 10. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] 11. Three CD Copies TF HIGH COURT DATED:09/05/2025 ORDER WP.No.12928 of 2025 disposing of the W.P at the «?TArp ADMISSION, WITHOUT COSTs”