T M APHC010332762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULV- TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAM WRIT PETITION NO: 16884 OF 2025 Between: Lankayagari Subbarayudu, S/o L. Subbanarasaiah, Aged about 45 years, Occ Field Assistant (Removal), R/o H.No. ^/116, KC Samudram Penagalur Mandal, Annamayya District Kondur PO, ...PETITIOri^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Rural Development Department, Velagapudi, Amaravati, Guntur District. ' Secretariat, 2. The District Collector cum District Programme Coordinator of MGNREGS, Annamayya District, Rayachoti. ^ 3. The Project Director cum Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Annamayya District. ^ 4. The Mandal Parishad Development Officer MPDO, MGNREGS, Mandal Praja Parishad, Penagalur (M), Annamayya District. 5. The KondurirGrama Panchayat, Konduru Village, Penagaluru Mandal, Annamayya District. 6. Udayagiri ll/furali, S/o. U.Subbaramaiah, Assistant, District. Age not known, Occ: Field R/o. Konduru Village, Penagaluru Mandal, Annamayya r ...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 RC.NO.A/2470/HR/TERMINATION/2025 dated 21.01.^025 herein petitioner from the post of Field Assistant, Konduru Gram Panchayat, Penagalur Mandal, Annamayya District without considering explanations dated 17.1^2^2024 in right perspective and appointing Respondent No.6 Field Assistant by proceedings in Rc. No. A/20/HR/FAs/2025 dt. 17.0i2:2025 proceedings removed as as illegal, irregular, arbitrary, violative of principles of natural justice and violative of Article 14 and 21 of the Constitution of India and contrary to provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and consequently set aside the proceedings dt. 21.01.2025 as illegal and direct the respondents to reinstate the petitioner into service for the said post. \A 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 A/24^/HR/TERMIONATION/2025 dated 21.oT.2025 passed by respondent by reinstating the petitioner in the post of Field Assistant, Konduru Gram Panchayat, Penagalur Mandal, Annamayya District pending disposal of the above writ petition. the operation of Proceedings Rc. No. rd the 3 Counsel for the Petitioner: M/s. BUGULU SREETEJA Counsel for the Respondent No.1: GP FOR SERVICES-I Counsel for the Respondent Nos.2 & 3: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent Nos.4 & 5: SMT. B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.6:-— The Court made the following order: APHC010332762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16884/2025 Between: 1.LANKAYAGARI SUBBARAYUDU, S/0 L. SUBBANARASAIAH, AGED ABOUT 45 YEARS, OCC FIELD ASSISTANT (REMOVAL), R/0 H.NO. 5/116, KC SAMUDRAM, KONDUR PO, PENAGALUR MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. RURAL DEVELOPMENT AMARAVATI, 2.THE COORDINATOR RAYACHOLI. DISTRICT COLLECTORCUMDISTRICT PROGRAMME OF MGNREGS, ANNAMAYYA DISTRICT, 3.THE PROJECT DIRECTORCUMADDITIONAL DISTRICT PROGRAMME COORDINATOR OF MGNREGS, DISTRICT WATER MANAGEMENT AGENCY, ANNAMAYYA DISTRICT. 4.THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, MANDAL PRAJA PARISHAD, PENAGALUR (M), MGNREGS, ANNAMAYYA DISTRICT. 5.THE KONDURU GRAMA PANCHAYAT, KONDURU VILLAGE PENAGALURU MANDAL, ANNAMAYYA DISTRICT. 6.UDAYAGIRI MURALI, S/O.U. SUBBARAMAIAH. AGE NOT KNOWN, OCCFIELD ASSISTANT, R/0. KONDURU VILLAGE, PENAGALURU MANDAL, ANNAMAYYA 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, order or direction more particularly one in the nature of WRIT OF declaring RC.NO.A/2470/HR/TERMINATION/2025 dated 21.01.2025 herein removed petitioner from the post of Field Assistant, Konduru Gram Panchayat, Penagalur Mandal, Annamayya District without considering appointing Respondent No.6 as Field Assistant by proceedings in Rc. No. A/20/HR/FAS/2025 dt. 17.02.2025 as illegal, irregular, arbitrary, violative of principles of natural justice and violative of Article 14 and 21 of the Constitution of India and contrary to provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and consequently set aside the proceedings dt. 21.01.2025 as illegal and direct the respondents to reinstate the petitioner into service for the said post and to pass s 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 suspendto Rc.No.A/2470/HR/TERM!NATiON/2025 dated 21.01.2025 passed by the 3rd respoNT lent by reinstating the petitioner in the post of Field Assistant, Konduru Gram Panchayat, Penagalur Mandal, Annamayya District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.BUGULU SREETEJA Counsel for the Respondent(S): 1.GP FOR SERVICES I explanations dated 17.12.2024 in right perspective and pleased the operation of Proceedings The Court made the following: ORDER: Petitioner assails impugned proceedings dated 21.01.2025 passed by the 3'^'^ respondent terminating the services of petitioner as Field Assistant to be illegal and arbitrary. Heard M/s Bugulu Sreeteja, learned counsel for the petitioner, learned Assistant Government Pleader for Services I for respondent No.1, Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondent Nos.2 & 3 and Smt.B.V.Aparna Lakshmi, learned Standing Counsel for respondent Nos.4 & 5. 3. Petitioner, while working as Field Assistant, based on certain allegations of irregularities, he has been placed under suspension by proceedings dated 05.12.2024 and was called upon to submit explanation. Petitioner stated to have submitted explanation on 17.12.2024 refuting the allegations. After conducting enquiry, by impugned proceedings dated 21.01.2025, he has been removed from service. Assailing the same, petitioner preferred appeal before the 2"^ respondent on 17.02.2025 which is stated to be pending. 4. Learned counsel for the petitioner tried to advance arguments on merits of the matter. 5. Sri M.S.R.Chandra Murthy, learned Standing Counsel submits that the petitioner has already filed appeal and the same is pending. He further submits that there cannot be parallel enquiry and the appeal would be disposed in time bound manner. Perused the record and considering the rival submissions. 2. 6. Since the petitioner has already preferred appeal, which is stated to be pending before the 2"'^ respondent, this Court is not inclined to enter into merits of the matter and the 7. same amounts to entertaining parallel proceedings. In view of the same, the writ petition is disposed by directing the 2'"'^ respondent to consider and pass appropriate orders on petitioner’s appeal after providing due opportunity of hearing preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 8. Till the appeal is decided, respondents shall not make any permanent appointment and it is made clear that the appointment of the 6‘^ respondent shall be subject to outcome of the appeal. Accordingly, the Writ Petition stands disposed of There shall be order as to costs. 9. no As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat W^aj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector cum District Programme Coordinator of MGNREGS, Annamayya District, Rayacholi. 3. The Project Director cum Additional District Programme Coordinator of MGNREGS, District Water Managemen^Agency, Annamayya District. 4. The Mandal Parishad Development Officer MPDO, MGNREGS, Mandal Praja Parishad, Penagalur (M), Annamayya District. 5. The Konduru Grama PWnchayat, Konduru Village, Penagaluru Mandal, Annamayya District. V- 6. One CC to M/s. Bugulu SreVteja, Advocate [OPUC] 7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 8. One CC to Smt. B.V. AparnV Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 10. Two CD Copies ssb HIGH COURT DATED:09/07/2025 ORDER WP No. 16884 OF 2025 g 0 (AUG 2025^ yco Sectio fiAIfiVV disposing of the w.p. without costs