I APHC010309312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) < WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15820 OF 2025 Between: 1. K Siva Gopi, S/o Anjaneyulu, Aged 32 years, Occ Field Assistant, R/o Rupenagunta Gram Panchayat, Nagarikallu Mandal, Palnadu District, (Erstwhile Guntur District). 2. . Palnati Cheni^esavulu, S/o Pedda Sambaiah Aged 35 years, Occ Field Assistant, R/o Tripurapuram Gram Panchayat, Nagarikallu Mandal, Palnadu District, (Erstwhile Guntur District). ...Petitioners AND 1. The State of AP, rep. by its Principal Secretary to Government, Panchayat Raj^nd Rural Development Department 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. v.-- Secretariat, p 4. Mandal Parishad Development Officer-cum-Programme Officer of MGNREGS, Mandal Praja Parishad, NagarikalTu Mandal District-522615. 5. Additional Programme Officer APO, MGNREGS, O/o Mandal Parishad Development Officer Palnadu District - 522615. Palnadu Mandal Praja Parishad, Nagarikallu Mandal, ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.20/FA and SM/Contract/HR-2022, dt. 08.05^^25 issued by the 3rd respondent thereby cancelled the petitioners contract of employment Field Assistants working in Rupenaguntia Gram Panchayat of the 1st petitioner and Tripurapuram Gram Panchayat of 2nd petitioner in NagarikMu Mandal of Palnadu District with effect from 01.04.2025 the ground that the petitioners failed to achieve the target of providing 75d^ working days for the financial year 2024-2025, without issuing any show cause notice/charge memo and inviting objections/explanations, as illegal, arbitrary, violative of the principles of natural justice, 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 set aside the proceedings dt. 08.05.2025 and further direct the respondents 2 to 5 to continue and allow the petitioners to discharge their duties as field assistants working in their respective gram panchayats in Nagarikallu Mandal of Palnadu District. 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 suspend the operation of Rc.No.20/FA & SM/Contract/HR- 08.05.21)25 issued by the 3^*^ respondent and also direct the to 5 to continue and allow the petitioners to discharge their duties as field assistants working in their respective gram panchayats in Nagarikallu Mandal of Palnadu District, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR SERVICES I 2022. dt. respondents 2 Counsel for the Respondent Nos. 2 to 5: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS The Court made the following order: > APHC010309312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) [3506] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15820/2025 Between: 1.K SIVA GOPI, S/0 ANJANEYULU, AGED 32 YEARS, OCC FIELD ASSISTANT, R/0 RUPENAGUNTA GRAM PANCHAYAT, NAGARIKALLU MANDAL, PALNADU DISTRICT, (ERSTWHILE GUNTUR DISTRICT). 2.. PALNATI CHENNAKESAVULU,, S/0 PEDDA SAMBAIAH AGED 35 YEARS, OCC FIELD ASSISTANT, R/0 TRIPURAPURAM GRAM PANCHAYAT, NAGARIKALLU MANDAL, PALNADU DISTRICT, (ERSTWHILE GUNTUR DISTRICT). ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO RURAL SECRETARIAT, GOVERNMENT, PANCHAYAT RAJ AND DEVELOPMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. DEPARTMENT, 2. DISTRICT COLLECTORCUM DISTRICT PROGRAMME COORDINATOR OF MGNREGS, NARASARAOPETA, PALNADU DISTRICT - 522601. 3. PROJECT DIRECTORCUMADDITIONAL DISTRICT PROGRAMME COORDINATOR OF MGNREGS, DISTRICT WATER MANAGEMENT AGENCY, NARASARAOPETA, PALNADU DISTRICT - 522601. 2 i i 4.MANDAL PARISHAD DEVELOPMENT OFFICERCUM PROGRAMME OFFICER OF MGNREGS, MANDAL PRAJA PARISHAD, NAGARIKALLU MANDAL, PALNADU DISTRICT- 522615. 5. ADDITIONAL PROGRAMME OFFICER APO, MGNREGS, 0/0 MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, NAGARIKALLU MANDAL, PALNADU DISTRICT-522615. ...RESPONDENT(S): 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaringthe proceedings in Rc.No.20/FA and 08.05.2025 issued by the 3rd respondent thereby cancelled the petitioners contract of employment Field Assistants working in Rupenaguntia Gram Panchayat of the 1st petitioner and Tripurapuram Gram Panchayat of 2nd petitioner in Nagarikallu Mandal of Palnadu District with effect from 01.04.2025 the ground that the petitioners failed to achieve the target of providing 7500 working days for the financial year 2024-2025, without issuing any show cause notice/charge memo and inviting objections/explanatio ns, as illegal, arbitrary, violative of the principles of natural justice, 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 set aside the proceedings dt. 08.05.2025 and further direct the respondents 2 to 5 to continue and allow the petitioners to discharge their duties as field assistants working in their respective gram panchayats in Nagarikallu Mandal of Palnadu District and pass Counsel for the Petitioner(S); 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: SM/Contract/HR-2022, dt. THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.15820 of 2025 ORDER: Heard Sri Srinivas Ambati, learned counsel for the petitioner; learned Assistant Government Pleader for Services-I appearing for 1"* respondent and Sri M.S.R. Chandra Murthy, learned Standing Counsel for MGNREGS, appearing for respondents 2 to 5. 2. Petitioner-Field Assistant came to be terminated from by impugned proceedings, dated 08.05.2025, issued by the respondent. Initially, he filed W.P.No.3253 of 2025 when he sought to be prevented from attending to duty, this Court passed orders, dated 12.02.2025, directing respondents therein not to interfere with the petitioner’s discharge of duties without following due process of law. Now, by impugned proceedings, dated 08.05.2025, he came to be removed from service. service was I 3. Learned counsel for the petitioner submits that impugned termination order is without any show-cause notice and enquiry and therefore, the same is in violation of principles of natural justice. 4. Sri M.S.R. Chandra Murthy, learned Standing Counsel appearing for respondents 2 to 5, on the other hand, fairly concedes 2 \ that neither show-cause notice was issued nor enquiry conducted before passing the said impugned order, however, requested for remanding the matter for de novo enquiry. In view of the aforesaid submissions, the writ petition is allowed 5. by setting aside the impugned order, dated 08.05.2025, passed by the 3'"'^ respondent and the respondents are directed to reinstate the It is needless to mention that petitioner back into, service. respondents are at liberty to issue show-cause notice and after conducting enquiry by providing due opportunity of hearing to the petitioner, necessary further action be initiated. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary to Government, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi,Amaravati, Guntur District. 2. District Collector-cum-District Programme Coordinator of MGNREGS, Narasarat)peta, PalnadiTDistrict - 522601. 3. Project Director-cum-Additional District Programme Coordinator of Narasaraopeta, MGNREGS, District Water Management Agency, Palnadu District - 522601. 4. Mandal Parishad Development Officer-cum-Programme Officer of MGNREGS, Mandal Praja Parishad, Nagarikallu Mandal, District - 522615. Palnadu ■ r 5. Additional Programme Officer APO, MGNREGS, O/o Mandal Parishad Mandal Praja^arishad, Nagarikallu Mandal, Development Officer, Palnadu District - 522615. 6. One CC to SRI. SRI NIVAS AMBATI, Advocate [OPUC] 7. Two CCs to GP FOR SERVICES I, High Court of Andhra Pradesh [OUT] 8. One CC to SRI M.S.R.CHANDRA MURHTY, STANDING COUNSEL OFR MGNREGS [OPUC] 9. Two CD Copies sree HIGH COURT DATED:02/07/2025 ORDER WP NO. 15820 OF 2025 ALLOWING THE W.P. WITHOUT COSTS