\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTYSECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1075 OF 2025 Between; 1. Bellary Gopal, S/o Nagendra, Aged about 32 years, R/oD.No.1-124, BC Colony, Arekallu Village, Adoni Mandal, Kurnool District. 2. Ediga Chandrashekhar, S/o Eranna, Aged about 36 years, R/o D.No.1- 123, Kapati Village, Adoni Mandal, Kurnool District. 3. Pinjari Babu, S/o Rajasaab, Aged about 41 years, R/o D.No.1-42, Kadithota Village, Adoni Mandal, Kurnool District. 4. Kambati Jayarami Reddy, S/o Eshwar Reddy, Aged about 42 years, R/o D. No. 1-72, Bychigeri Village, Adoni Mandal, Kurnool District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. District Collector-cum-District, Programme Coordinator, MGNREGS, Kurnool, Kurnool District, A.P. 3. The Project Director-cum-Joint Secretary, SRDS, Kurnool, Kurnool District. 4. The Project Manager, MGNREGS, At Collectorate Office, Kurnool, Kurnool District. 5. The Mandal Parishad Development Officer, MGNREGS Mandal Praja Parishad, Adoni Mandal, Adoni, Kurnool District. 2. The ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed there\A/ith, 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 action of the 3rd Respondent in passing order placing the Petitioners under Temporary out Contract of employment (Suspension) under proceedings Rc.No.D8/DVC/SA/17*^ round/2024 dt. 18-11-2024, illegal, arbitrary, unjust, without following due process of law and violation of fundamental rights guaranteed under Article 14, 21 of Constitution and consequently set aside the proceedings under Rc.No.D8/DVC/SA/17‘^ round/2024 dt.18-11-2024 placing the Petitioners under Temporary out of Contract employment (Suspension) and reinstate them into their services with all consequential benefits irrespective of the above said order. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 the order dt. 18-11-2024 passed by the 3rd Respondent under proceedings Rc.No.D8/DVC/SA/17th round/2024 during pendency of this Writ Petition. Counsel for the Petitioners: SRI A SYAM SUNDAR REDDY Counsel for the Respondent No.1: GP FOR SERVICES IV Counsel for the Respondent Nos. 2 to 4: SRI MSR CHANDRA MURTHY Counsel for the Respondent No.5: SMT. B V APARNA LAKSHMI (SC FOR ZPPS, MPPS & GP) The Court made the following: ORDER APHC010001642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0MB m [3331] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1075/2025 Between: 1.BELLARY GOPAL,, S/0 NAGENDRA, AGED ABOUT 32 YEARS, R/OD.NO.1-124, BC COLONY, AREKALLU VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. 2.EDIGA CHANDRASHEKHAR,, S/0 ERANNA YEARS AGED ABOUT 36 R/0 D.NO.1-123, KAPATI VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. 3.PINJARI BABU,, S/0 RAJASAAB, AGED ABOUT 41 YEARS, R/0 D.NO.1-42, KADITHOTA VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. 4.KAMBATI JAYARAMI REDDY,, S/0 ESHWAR REDDY, AGED ABOUT 42 YEARS, R/0 D. NO. 1-72, BYCHIGERI VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDING, SECRETARY, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI 2.THE DISTRICT COLLECTOR-CUM-DISTRICT, PROGRAMME COORDINATOR, MGNREGS, KURNOOL, KURNOOL DISTRICT, A.P. SRS,J W.P.No.1075 of 2025 SRDS DIRECTORCUMJOINT SECRETARY 3.THE PROJECT KURNOOL, KURNOOL DISTRICT. MGNREGS, AT COLLECTORATE 4.THE PROJECT MANAGER OFFICE, KURNOOL, KURNOOL DISTRICT. PARISHAD DEVELOPMENT OFFICER, MGNREGS MANDAL PRAJA PARISHAD, ADONI MANDAL, ADONI, KURNOOL 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 to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in passing order placing the Petitioners under Temporary Cortract employment (Suspension) under proceedings Rc.No.DO/DyC/SA/17 h round/2024 dt. 18-11-2024, illegal, arbitrary, unjust, without following due process of law and violation of fundamental rights guaranteed under Article 14 21 of Constitution and consequently set aside the proceedings under Rc’NoD8/DVC/SA/17th round/2024 dt.18-11-2024 placing the Petitioners under Temporary out of Contract employment (Suspension) and reinstate them into their services with all consequential benefits irrespective of the above said order 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 P'e^ed to suspend the operation of the order dt.18-11-2024 passed by the 3rd Respondent under proceedings Rc,No.D8/DVC/SA/17th round/2024 during pendency of this Writ Petition and pass Counsel for the Petitioner(S): 1 .A SYAM SUNDAR REDDY Counsel for the Respondent{S); 1.GP FOR SERVICES IV 2. B V APARNA LAKSHMI SRS,J W.P.No.1075 of 2025 The Court made the following: :: ORDER :: The petitioners, Field Assistants, filed the above writ petition, by respondent No.3 vide challenging the proceedings issued Rc.No.D8/DVC/SA/17'^ round/2024, dated 18.11.2024 (Ex.P1), as illegal and arbitrary. Heard Sri A. Syam Sundar Reddy, learned counsel for the petitioners and Sri S.Raju, learned Assistant Government Pleader for Ser\yices - I appeared for respondent No.1 and Sri M.S.R. Chandra Murthy, learned Standing Counsel appeared for respondents 2 to 4 and Smt. B.V. Aparna Lakshmi, learned Standing Counsel appeared for respondent No.5. 2. At the hearing, learned Standing Counsel submitted the show-cause notices issued to each of the petitioners dated 18.01.2025 vide Rc.No.01/2025/APE/DWMAKRNL, dated 18.01.2025, giving seven days to submit an explanation. Copies of show-cause notices were served to the learned counsel for the petitioners. 3. Learned counsel for the petitioners would submit that notices are yet to be received by the petitioners. He also would submit that in the show-cause notices, seven days were given to the petitioners to submit an explanation. 4. The Field Assistant Human Resource Policy, 2013 (hereinafter referred to as ‘the Policy’) issued by the Director, Rural Development vide Circular No.666/EGS(P)/2012, dated 08.01.2013, prescribes the procedure regarding the disciplinary action and related issues concerning the Field Assistants. Clause 13 (3) mandates that the delinquent Field Assistant shall be given 14 days to resent the charges and give evidence in his defence by way of written 5. { SRS,J W.P.No.1075 of 2025 submission. Despite the said mandate in the Policy, giving seven days to the petitioners to submit the explanation, is impermissible. 6. Given the facts and circumstances of the case and since the show- cause notices were issued to the petitioners and the same were handed over to the learned counsel across the bar, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioners to submit explanation to the show-cause notices, within 14 days from today, by annexing all the relevant documents. On receipt of explanations, the learned respondent No.3 shall conduct an enquiry by affording an opportunity of hearing for the petitioners and conclude the same within 30 days mandated under the Policy. There shall be no order as to costs. as As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT,REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector-cum-District, Programme Coordinator, MGNREGS, Kurnool, Kurnool District, A.P. 3. The Project Director-cum-Joint Secretary, SRDS, Kurnool, Kurnool District. 4. The Project Manager, MGNREGS, At Collectorate Office, Kurnool, Kurnool District. 5. The Mandal Parishad Development Officer, MGNREGS Mandal Praja Parishad, Adoni Mandal, Adoni, Kurnool District. 6. One CC to Sri A Syam Sundar Reddy Advocate [OPUC] 7. One CC to Sri MSR Chandra Murthy, Advocate [OPUC] 8. One CC to Smt. B V Aparna Lakshmi (SC for ZPPS, MPPS & GP), Advocate [OPUC] 9. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF ■ HIGH COURT DATED:22/01/2025 ORDER X 3 UAN 2025 z Cuffsnt Section WP.No.1075 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS