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2025 DAILYLAW 2538 (AP)

BUKKAYYAPALLI SYAMALA v. The State of Andhra Pradesh,

WP/260/2025 · 2025-01-07

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010005102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 260/2025 Between: 1. BUKKAYYAPALLI SYAMALA, D/O. SUBBARAMAIAH, AGED ABOUT 37 YEARS, OCC. FIELD ASSISTANT, POKKANDALA GRAMA PANCHAYAT, SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, (PANCHAYATRAJ AND RURAL DEVELOPMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, RURAL DEVELOPMENT/STATE PROGRAMME COORDINATOR OF M.G. NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (MGNREGS), VIJAYAWADA. 3. THE DISTRICT COLLECTOR / DISTRICT PROGRAMME COORDINATOR, SPSR NELLORE DISTRICT, NELLORE. 4. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, NELLORE. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, SYDAPURAM MANDAL,SPSR NELLORE DISTRICT. 6. THE ADDITIONAL PROGRAMME OFFICER, MGNREGS, SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): SRS,J W.P.No.260 of 2025 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 the Writ order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents No. 5 and 6, who has not allowing the petitioner to attend for his duty as Field Assistant at Pokkandala Gram Panchayat of Sydapuram Mandal, SPSR Nellore District, without following due procedure of law as illegal, arbitary and against the principles of natural Justice and violation of Article 14, 21 and 300-A of Constitution of India and Consequently directing the Respondent Authorities to allow the petitioner for works as Field Assistant for Pokkandala Gram Panchayat of Sydapuram Mandal, SPSR Nellore District and to pass IA 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 pleased to direct the respondent authorities to allow the petitioner to attend for duty as Field Assistant for Vemulachedu Gram Panchayat of Sydapuram Mandal, SPSR Nellore District, Pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :ORDER: This writ petition is filed to declare the action of respondents 5 and 6 in not allowing the petitioner herein to discharge her duties as Field Assistant in Pokkandala Gram Panchayat of Sydapuram Mandal, SPSR Nellore District, without following due procedure of law, as illegal and arbitrary. 2. Heard Sri V. Roopesh Kumar Reddy, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services for respondent No.1; Sri M.S.R. Chandra Murthy, learned Standing counsel for SRS,J W.P.No.260 of 2025 respondents 2 to 4 and 6 and Smt. B.V. Aparna Lakshmi, learned Standing counsel for respondent No. 5. 3. Learned counsel for the petitioner submits that the petitioner was appointed as Filed Assistant in Pokkandala Gram Panchayat of Sydapuram Mandal, SPSR Nellore and joined services on 15.12.2017 and since then, the petitioner has been discharging her duties without any remarks. Be that as it may, respondents 5 and 6, due to the influence of local political leaders, without issuing show cause notice and following due process of law, are obstructing the petitioner from discharging her duties as Field Assistant. 4. Learned standing counsel for respondents 2 to 4 and 6, produced a copy of the letter addressed by respondent No.5 vide ROC No.MGSREGS / Sydapuram, dated 07.01.2025 to respondent No.4 and submitted that the petitioner herself, has not been attending the duties since July, 2024 and if the petitioner attends duties, respondent No.5 shall not obstruct her from attending duties as Field Assistant. 5. Given the submissions of learned standing counsel for respondents Nos.2 to 4 and 6, this Writ Petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the respondents 5 and 6 not to prevent the petitioner from discharging duties as Field Assistant in Pokkandala Gram Panchayat of Sydapuram Mandal, SPSR Nellore District, without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 07.01.2025 IKN SRS,J W.P.No.260 of 2025 218 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 260 / 2025 Dated: 07.01.2025 IKN