APHC010001382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 175/2025 Between: 1. K NARASIMHAPPA, S/O. K. NARASAIAH, AGED 55 YEARS, OCC FIELD ASSISTANT, R/O. D.NO.1-81, S C COLONY, SASANAKOTA PARIGI MANDAL, SRI SATHYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P., VIJAYAWADA. 3. THE DISTRICT COLLECTOR/DISTRICT PROJECT COORDINATOR, MGNREGS, DWMA, SRI SATHYA SAI DISTRICT. 4. THE PROJECT DIRECTOR CUM JOINT SECRETARY, DISTRICT WATER MANAGEMENT AGENCY (MGNREGS) DWMA, SRI SATHYA SAI DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER/PROGRAMME OFFICER, MANDAL PRAJA PARISHAD, MGNREGS, A.P. RURAL DEVELOPMENT DEPARTMENT, PARIG MANDAL, SRI SATHYA SAI DISTRICT. SRS,J W.P.No.175 of 2025 6. THE ADDITIONAL PROGRAMME OFFICER, OFFICE OF THE MANDAL PARISHAD DEVELOPMENT OFFICE, MGNREGS, A.P. RURAL DEVELOPMENT DEPARTMENT, PARIGI MANDAL, SRI SATHYA SAI DISTRICT. ...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 topleased to issue a Writ of mandamus or any other appropriate writ order or direction declaring the action of the respondents no.5 and 6 are not allowing the petitioner to discharge duties as a Filed Assistant of Sasanakota Grama Panchayat, Parigi Mandal, Sri Sathya Sai District and insisting the petitioner to submit resignation to the post of Field Assistant is illegal and arbitrary and also violation of principles of natural justice consequently direct the respondents to continue the petitioner as Field Assistant of Sasanakota Grama Panchayat, Parigi Mandal, Sri Sathya Sai District and pass IA 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 pleased to direct the respondents to continue the petitioner as Field Assistant of Sasanakota Grama Panchayat, Parigi Mandal, Sri Sathya Sai District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DUNGA RITHESH NAIDU Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :ORDER: The petitioner, Field Assistant, Sasanakota Grama Panchayat, Parigi Mandal, Sri Sathya Sai District, filed the above writ petition, complaining about the action of respondents 5 and 6 in not allowing him to discharge duties, as illegal and arbitrary. SRS,J W.P.No.175 of 2025 2. Heard Sri Dunga Ritesh Naidu, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services, for respondent No.1; Sri M.S.R. Chandra Murthy, learned standing counsel for respondents 2 to 4 and 6 and Smt. B.V. Aparna Lakshmi, learned standing counsel for respondent No.5. 3. Learned counsel for the petitioner submitted that the petitioner was appointed as Filed Assistant, in Sasanakota Grama Panchayat, Parigi Mandal, Sri Sathya Sai District, in March 2011 and worked till 2016. Thereafter, the petitioner again rejoined in 2021 and since then he has been discharging his duties as Field Assistant. Learned counsel further submitted that a show cause notice dated 13.11.2024 was issued under Ex.P1, for which the petitioner submitted an explanation on 21.11.2024. However, without considering the petitioner’s explanation, respondents 5 and 6 are not allowing the petitioner to discharge his duties. 4. Learned standing counsel for respondents 2 to 4 and 6 presented a copy of the instructions furnished by respondent No.4, and submitted that a show cause notice vide Rc.No.35/F.A./Sasanakota/Parigi/2024, dated 24.12.2024, was issued to the petitioner directing him to attend inquiry on 06.01.2025 and to submit explanation as to why the petitioner failed to submit explanation to the earlier show cause notice. He would also submit that the petitioner, himself is not attending the duties from 05.08.2024. He would submit that respondents 5 and 6 will not obstruct the petitioner if he attends the duties. 5. A copy of the show cause notice dated 24.12.2024 is handed over to the learned counsel for the petitioner, in the Court. 6. Given the submissions of learned standing counsel for respondents 2 to 4 and 6, this Writ Petition is disposed of, at the admission stage with the SRS,J W.P.No.175 of 2025 consent of learned counsel on either side, directing the respondents 5 and 6 not to prevent the petitioner from discharging duties as Field Assistant in Sasanakota Grama Panchayat, Parigi Mandal, Sri Sathya Sai District, without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 07.01.2025 IKN SRS,J W.P.No.175 of 2025 114 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 175 / 2025 Dated: 07.01.2025 IKN