N- APHC010345062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17452 OF 2025 Between: P. Sridhar Naidu, S/o Rama Rao, Aged about 36 years, Occ- Field Assistant, National Rural Ambakandi Gram Panchayat, (Under Suspension) Employment Guarantee Scheme, Ambakandi Gram Panchayat, Regidi Amadalavalasa Mandal, Vizianagaram District ...PETITIONER AND 1. The State of Andhra Pradesh, Panchayat Raj and Rural Development (RD-II) Department, Secretariat, Velgapudi, Amarvathi, Guntur District A.P., rep. by Principal Secretary. 2. The Commissioner, Panchayat Raj and Rural Development Department Vijayawada, State of Andhra Pradesh 3. The District Collector cum The District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram District. 4. The Project Director, The District Water Management Agency and Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram. 5. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MNREGS-AP, Vizianagaram District. The Regidi Amadalavalasa 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 of mandamus or any other appropriate writ or direction declaring the proceedings in Rc No. 198/2025/H.R dated 31.05.2025 of the 4th respondent as illegal, arbitrary, and contrary to FAHR Policy issued Circular No. 666/EGS(P)/2012 dated 08.01.2013 and consequently set aside the same by directing the Respondents to continue the Petitioner as Field Assistant of Ambakandi Gram Panchayat, Regidi Amadalavalasa Mandal, Vizianagaram District. in 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 of Ambakandi Gram Panchayat, Regidi Amadalavalasa Mandal Vizianagaram District by suspending the proceedings in Rc No. 198/2025/H.R dated 31.05.2025 passed by the 4'*^ respondent, pending disposal of the writ Petition. Counsel for the Petitioner: M/s. TADDI SOWMYA NAIDU Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES-I Counsel for the Respondent Nos.3&4: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.5: SRI G. SREENIVASA REDDY, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: 1 APHC010345062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17452/2025 Between; 1.P. SRIDHAR NAIDU,, S/0 RAMA RAO, AGED ABOUT 36 YEARS, OCC- FIELD ASSISTANT, AMBAKANDI GRAM PANCHAYAT, (UNDER SUSPENSION) NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, AMBAKANDI GRAM PANCHAYAT, REGIDI AMADALAVALASA MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD-II) DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARVATHI, GUNTUR DISTRICT A.P., REP. BY PRINCIPAL SECRETARY. 2.THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT VIJAYAWADA, STATE OF ANDHRA PRADESH 3.THE DISTRICT COLLECTOR CUM THE DISTRICT PROGRAMME COORDINATOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT SCHEME AP, VIZIANAGARAM DISTRICT. GUARANTEE 2 4.THE PROJECT DIRECTOR, THE DISTRICT WATER MANAGEMENT AGENCY AND THE ADDL. DISTRICT PROGRAMME COORDINATOR, NATIONAL RURAL EMPLOYMENT SCHEME AP, VIZIANAGARAM. MAHATMA GANDHI GUARANTEE 5.THE MANUAL PARISHAD DEVELOPMENT OFFICER CUM ADDITIONAL PROGRAMME COORDINATOR, REGIDI AMADALAVALASA MANUAL, MNREGS-AP, VIZIANAGARAM 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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the proceedings in Rc No. 198/2025/H.R dated 31.05.2025 of the 4th respondent as illegal, arbitrary, and ' contrary to FAHR Policy issued in Circular No. 666/EGS(P)/2012 dated 08.01.2013 and consequently set aside the same by directing the Respondents to continue the Petitioner as Field Assistant of Ambakandi Gram Panchayat, Regidi Amadalavalasa Mandal, Vizianagaram District and pass 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 may be pleased to direct the respondents herein to continue the petitioner as Field Assistant of Ambakandi Gram Panchayat, Regidi Amadalavalasa Mandal Vizianagaram District by suspending the proceedings in Rc No. 198/2025/H.R dated 31.05.2025 passed by the 4* respondent, pending disposal of the writ Petition. Counsel for the Petitioner: 3 r 1.TADDI SOWMYA NAIDU Counsel for the Respondent(S): 1.GP FOR SERVICES! The Court made the following: 1^^ THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17452 of 2025 O R DE R: The present writ petition is filed questioning the action of the 4^'' Respondent in issuing proceedings RC.NO.198/2025/H.R.M.S dated 31.05.2025 keeping the Petitioner temporarily out of employment as Field Assistant as arbitrary and illegal. in The facts leading to the filing of the case are as follows: 2. The Petitioner joined as Field Assistant of Ambakandi Gram Panchayat, Regidi Amadalavalasa on 14.02.2022. On a complaint given by the Villagers on 21.10.2025 alleging certain irregularities against the Petitioner, the 4‘^ Respondent issued show cause notice dated 09.05.2025 to submit explanation within a period of 14 days. After receipt of notice, Petitioner submitted his explanation dated 22.05.2025 denying the allegations to the Respondent issued th 4*^ respondent. Subsequently, the 4 proceedings vide Rc.No.198/2024/HR dated 31.05.2025 keeping the Petitioner temporarily out of employment as Field Assistant. Aggrieved by the same, this writ petition is filed. 3. It is the contention of the learned counsel for the Petitioner that as the enquiry proceedings were not concluded within the time specified in Clause 13 (B)(5) of the Field Assistants Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. Human The counsel also relied passed in similar circumstances by a co-ordinate Bench of this on an order Court in W.P.No. 16643 of 2025. 4. Learned standing counsel Sri M.S.R.Chandra Murthy, submits that the enquiry is going on and the same would be concluded within three weeks. The further contention is that the guidelines are not statutory and even otherwise, no consequence is stated for non-compliance of the time frame of 30 days therefore, the same cannot be said to be and mandatory. The maintainability of the writ petition was also urged as the nature of job of the Petitioner is akin to Labour. 5. Having heard the respective counsel, this Court, without going into the issues urged by the Respondent inclined to dispose of the writ petition in terms of W.P.No. 16643 of 2025 with a direction to the 4**^ Petitioner into service and conclude the counsel, is respondent to reinstate the enquiry after providi^ig w 3 due opportunity of hearing to the Petitioner within a period of three (3) weeks from the date of receipt of copy of this order. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Panchayat Raj and Rural Development (RD-II) Department, State of Andhra Pradesh, Secretariat, Velgapudi, Amarvathi, Guntur District A.P. 2. The Commissioner, Panchayat Raj and Rural Development Department Vijayawada, State of Andhra Pradesh 3. The District Collector cum The District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram District. 4. The Project Director, The District Water Management Agency and The Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram. 5. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MNREGS-AP, Regidi Amadalavalasa Mandal, Vizianagaram District. 6. One CC to M/s. Taddi Sowmya Naidu, Advocate [OPUC] 7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 8. One CC to Sri G. Sreenivasa Reddy, 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 V DATED;15/07/2025 ORDER WP No. 17452 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS