5 APHC010356322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18330 OF 2025 Between: 1. N Narasimhudu, S/o N. Lalanna, Aged about 35 years, Occ: field Assistant, National Rural Employment Guarantee Scheme D.no.1-74, Bhaskarapuram Village, Kurnool, Nandyal District. R/o Jupadu Bungalow Mandal. ...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. Nandyala District. 4. The Project Director, The District Water Management Agency arid Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Nandyala. 5. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MNREGS-AP, Jupadu Bungalow Mandal, Nandyal 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 The declaring the proceedings RC No. 139/HRM/MEMO/2023 dated 02.07.2025 of the 4th respondent as illegal, arbitrary, violative of principles of natural justice and contrary to FAHRP Rules and consequently set aside the same by directing the Respondents to continue the Petitioner as Field Assistant of Bhaskarapuram Village, Jupadu Bungalow Mandal, Nandyal District, under the Mahatma Gandhi National Rural Employment Guarantee Scheme-AP 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 Bhaskarapuram Village, Jupadu Bungalow Mandai, Nandyal District by suspending the proceedings RC No. 139/HRM/MEMO/2023 dated 02.07.2025 passed by the 4th respondent, pending disposal of the writ Petition. Counsel for the Petitioner: SRI G SRAVAN KUMAR ^ Counsel for the Respondent Nos. 1 to 3: GP FOR SERVICES I Counsel for the Respondent Nos. 4 and 5: SRI M S R CHANDRA MURTHY SC FOR MGNREGS The Court made the following order: APHC010356322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18330/2025 Between: 1.N NARASIMHUDU, S/O N. LALANNA, AGED ABOUT 35 YEARS. NATIONAL RURAL EMPLOYMENT R/0 D.NO.1-74, BHASKARAPURAM KURNOOL, OCC FIELD ASSISTANT, GUARANTEE SCHEME, VILLAGE, NANDYALDISTRICT. JUPADU BUNGALOW MANDAL. ...PETITIONER AND 1.THE STATE OF AP, 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, EMPLOYMENT GUARANTEE SCHEME AP, NANDYALA DISTRICT. GANDHI NATIONAL RURAL MAHATMA 4.THE PROJECT DIRECTOR, THE DISTRICT WATER MANAGEMENT THE ADDL. DISTRICT PROGRAMME MAHATMA GANDHI NATIONAL RURAL AGENCY AND COORDINATOR, EMPLOYMENT GUARANTEE SCHEME AP,NANDYALA. 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER CUM MNREGS-AP, ADDITIONAL PROGRAMME COORDINATOR, 2 JUPADU BUNGALOW MANDAL, NANDYAL 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 or direction declaring the proceedings RC No. 139/HRM/MEMO/2023 dated 02.07.2025 of the 4th respondent as illegal, arbitrary, violative of principles of natural justice and contrary to FAHRP Rules and consequently set aside the same by directing the Respondents to continue the Petitioner as Field Assistant of Bhaskarapuram Village, Jupadu Bungalow Mandal, Nandyal District, under the Mahatma Gandhi National Rural Employment Guarantee Scheme-AP and pass lA NO: 1 OF 2025 F'etition 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 Bhaskarapuram Village, Jupadu Bungalow Mandai, Nandyal District by suspending the proceedings RC No. 139/HRM/MEMO/2023 dated 02.07.2025 passed by the 4th respondent, pending disposal of the writ Petition and pass Counsel for the Petitioner: 1.GSRAVAN KUMAR Counsel for the Responcient(S): 1.GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.18330 of 2025 ORDER: The present writ petition is filed questioning the action of the 4'*^ Respondent in issuing proceedings vide RC.No.139/HRM/MEMO/2023, dated 02.07.2025 as arbitrary and illegal. The facts leading to the filing of the case are as follows: 2. The Petitioner joined as Field Assistant of Bhaskarapuram Village, Nandyala District on 28.03.2018. Based on a complaint given by the Villagers, alleging certain irregularities against the Petitioner, the Respondent issued show cause notice dated 22.05.2025 to submit explanation within a period of 7 days. After receipt of notice. Petitioner submitted his explanation dated 22.06.2025, denying the allegations, to the 4*'' respondent. Subsequently, the 4*^^ Respondent issued proceedings vide Rc.No.139/HRM/MEMO/2023, dated 02.07.2025 keeping the Petitioner temporarily out of employment as Field Assistant. Aggrieved by the same, this writ petition is filed. It is the contention of the learned counsel for the Petitioner that as the 3. 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 learned counsel also I relied on an order passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No.16643 of 2025. f “• 4 h I 4. Learned Standing Counsel 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 and therefore, the same cannot be said to be mandatory. The maintainability of the writ petition was I also urged as the nature of job of the Petitioner is akin to Labour. 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'^ 5. respondent to reinstate the Petitioner into service and conclude the enquiry after providing 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/- K.J.RAJA BABU ASSISTANT REGISTRAR / //TRUE COPY// 1^ SECTION OFFICER To, The Principal Secretary, Panchayat Raj and Rural Development (RD-II) ipepartment. State of AP, Secretariat, Velgapudi, Amarvathi, Guntur District A.P. The Commissioner, Panchayat Raj and Rural Development Department Vijayawada, State of Andhra Pradesh The District Collector cum The District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Nandyala District. The Project Director, The District Water Management Agency and The Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Nandyala. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MNREGS-AP, Jupadu Bungalow Mandal, Nandyal District. 1. 2. 3. 4. 5. r ■ One CC to Sri. G Sravan Kumar Advocate [OPUC] One CC to Sri. M S R Chandra Murthy SC for MGNREGS [OPUC] " - Two CCs to GP for Services I High Court of Andhra Pradesh [OUT] Two CD Copies <•1 gsc HIGH COURT DATED:21/07/2025 ORDER WP NO. 18330 OF 2025 DISPOSING THE WP I WITHOUT COSTS