APHC010346792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0f^ TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17608 OF 2Q2fi Between: Kotia Ramadevi, W/o V.Ramakrishna, Aged about 34 Assistant, years, OccField National Rural Barli Gram Panchayat, (Under Suspension) Employment Guarantee Scheme, Barli Gram Panchayat, Balijipet ...PETITIONER AND 1. The State of Andhra Pradesh, Panchayat Raj and Rural Development (RD-II) Department, Secretariat, Velgapudi, Amaravathi, Guntur District A.P., rep. by Principal Secretary. 2. The Commissioner, Panchayat Raj Department Vijayawada, State of Andhra Pradesh 3. The District Collector and Rural Development cum The District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Parvathipuram Manyam District. 4. The Project Director, The District Water Management Agency and The Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Parvathipuram Manyam. 5. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MGNREGS-AP, Balijipeta Mandal, Parvathipuram Manyam District. 6. The Assistant Project Director, Seethampeta Cluster, MGNREGS-AP, Seethampeta Mandal, Parvathipuram Manyam 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 may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring 758/2025/HRMS/PVP dated •13.06.2025 respondent keeping the petitioner temporarily out of employment as Field Assistant of Barli Gram Panchayat and 2) the Show Cause Notice in Rc No. 758/2025/HRMS/PVP dated 13.06.2025 issued by the 4 illegal, arbitrary, and contrary to FAHR Policy issued in Circular 666/EGS(P)/2012 dated 08.01.2013 passed the 4* respondent as No. and set aside the same and the Petitioner as Field Balijipeta Mandal, Parvathipuram consequently direct the Respondents to continue Assistant of Barli Gram Panchayat, Manyam District. lA NO: 1 OF 2Q2fi 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 Barli Gram Panchayat, Balijipeta Mandal, Parvathipuram Manyam District by 758/2025/HRMS/PVP dated suspending the proceedings in Rc No. 13.06.2025 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 & 6: 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: APHC010346792025 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: 17608/2025 Between: AGED BARLI 1.KOTLA RAMADEVI, W/0 V.RAMAKRISHNA, ABOUT 34 YEARS, OCCFIELD ASSISTANT, GRAM PANCHAYAT, (UNDER SUSPENSION) NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, BARLI GRAM PANCHAYAT, BALIJIPET ...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 MAHATMA GANDHI GUARANTEE PROGRAMME COORDINATOR, NATIONAL RURAL EMPLOYMENT SCHEME AP, PARVATHIPURAM MANYAM DISTRICT. > 2 4.THE PROJECT DIRECTOR, THE DISTRICT WATER THE ADDL. DISTWCT MAHATMA GANDHI GUARANTEE MANAGEMENT AGENCY AND PROGRAMME COORDINATOR NATIONAL RURAL EMPLOYMENT SCHEME AP, PARVATHIPURAM MANYAM. 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, UM ADDITIONAL PROGRAMME COORDINATOR, MGNREGS- AP, BALIJIPETA MANDAL, PARVATHIPURAM MANYAM DISTRICT. 6.THE ASSISTANT PROJECT DIRECTOR, SEETHAMPETA CLUSTER, MGNREGS-AP, PARVATHIPURAM MANYAM DISTRICT SEETHAMPETA MANDAL, ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a mandamus or any other appropriate writ or direction declaring 758/2025/HRMS/PVP dated 13.06.2025 passed the 4TH respondent keeping the petitioner temporarily out of employment as Field Assistant of Barli Gram Panchayat and 2) the Show Cause Notice in Rc No. 758/2025/HRMS/PVP dated 13.06.2025 issued by the 4TH respondent as illegal, arbitrary, and contrary to FAHR Policy issued in Circular No. 666/EGS(P)/2012 dated 08.01.2013 and set aside the same and consequently direct the Respondents to continue the Petitioner as Field Assistant of Barli Gram Panchayat, Balijipeta Mandal, Parvathipuram Manyam District and pass s lA NO: 1 OF 2025 Petition under Article 226 of the Constitution of India writ of 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 herein to continue the petitioner as Field Assistant of Barli Gram Panchayat, Balijipeta Mandal, Parvathipuram 3 Manyam District by suspending the proceedings in Rc.No. 758/2025/HRMS/PVP dated 13.06,2025 passed by the 4TH respondent, pending disposal of the writ Petition Counsel for the Petitioner: 1.TADDI SOWMYA NAIDU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following; THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17608 of 2025 O R DE R: The present writ petition is filed questioning the action of th the 4 Resppndent issuing proceedings in in Rc.No.758/2025/HRMS/PVP dated 13.06.2025 keeping the Petitioner temporarily out of employment as Field Assistant and issuing the show cause notice dated 13.06.2025 as arbitrary and illegal. The facts leading to the filing of the case are as follows: 2. The Petitioner was working as Field Assistant in Barli Gram Panchayat, Balijipeta Mandal from 26.11.2009 and on a complaint given by the villagers to the local MLA, enquiries were conducted and proceedings vide Rc.No.758/2025/HRMS/PVP dated 13.06.2025 were issued keeping the Petitioner temporarily out of employment as Field Assistant and also issued show cause notice dated 13.06.2025 to submit explanation within seven days. After receipt of notice, Petitioner submitted his explanation dated 03.07.2025 denying the allegations to the 4**^ respondent. f 2 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 Human Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The counsel also relied on an order passed in similar circumstances by a co-ordinate Bench of this 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 othenA/ise, no consequence is stated for non-compliance of the time frame of 30 days and therefore, the same cannot be said to be mandatory, maintainability of the writ petition was also urged as the nature of job of the Petitioner is akin to Labour. The Having heard the respective counsel, this Court, without going into the issues urged by the Respondent counsel, is inclined to dispose of the writ petition in terms of W.P.No.16643 of 2025 with a direction to the 4**^ respondent to reinstate the Petitioner into service and conclude the enquiry after providing 5. 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/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development (RD-II) State of Andhra Pradesh, Secretariat, Velgapudi, Department 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, Parvathipuram Manyam District. 4. The Project Direotc^^Jhe District Water Management Agency and The Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Parvathipuram Manyam. 5. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MGNREGS-AP Manyam District. 6. The Assistant Project Director, Seethampeta Cluster, MGNREGS-AP, Seethampeta Mandal, Parvathipuram Manyam District 7. One CC to M/s. Taddi Sowmya Naidu, Advocate [OPUC] 8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 9. One CC to Sri G. Sreenivasa Reddy, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. Balijipeta Mandal, Parvathipuram ssb f 4t HIGH COURT DATED;15/07/2025 ORDER WP No.17608 OF 2025 ^ 31 JUL 2025 Sectio 05 ■ DISPOSING OF THE W.P. WITHOUT COSTS