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2025 DAILYLAW 25422 (AP)

B. Sujatha v. The State of Andhra Pradesh,

WP/18467/2025 · 2025-07-21

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f ^ , t. - APHC010359242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY SECOND DAY OF JU TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18467 OF 2025 Between: B. Sujatha, W/o. Samba Siva Rao, Aged 44 years, Occ: Field Assistant (Terminated), Damaracharla Grama Panchayat, Thadikonda Mandal, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, A.P. Vijayawada. 3. The District Collector/District Project Coordinator MGNREGS Guntur District at Guntur. Secretariat, DWMA, 4. The Project Director cum Joint Secretary, District Water Management Agency (MGNREGS), DWMA, Guntur District at Guntur. 5. The Mandal Parishad Development Officer/Programme Officer, Mandal Praja Parishad, MGNREGS, Thadikonda Mandal, Guntur District. 6. The Additional Programme Officer, Office of A.P. Rural Development Department the Mandal Parishad Development Office, MGNREGS, A.P. Rural Development Department, Guntur Cluster, Thadikonda Mandal, Guntur 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 order or direction declaring the action of the respondent no.3 in not granting stay against the operation of orders vide Rc.No.111/FA SM/2023 dt. 13.05.2025 issued by the Respondent No.4 in terminating the petitioner from the Field Assistant of Damarapalli Grama Panchayat Thadikonda Mandal District, without affording any opportunity, without considering the petitioner explanation, without following any procedure, without conducting any Grama Sabha is illegal, arbitrary and set aside the post of , Guntur orders vide Rc.No.111/FA respondent, consequently direct the respondents to continue the petitioner as Field Assistant of Damarapalli Gramapanchayat, Thadikonda Mandal, Guntur District. SM/2023 dt. 13.05.2025 passed by the 4th lA NO: 1 OF 2n9fi 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 suspend the orders vide Rc.No.111/FA SM/2023 dt.13,05.2025 issued by the Respondent No.4 by continuing the petitioner Damarapalli Gramapanchayat, Thadikonda Mandal disposal of the above writ petition. as Field Assistant Guntur District, pending in Counsel for the Petitioner: SRI N ASWARTHA NARAYANA 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 Nos. 5 & 6: SMT.B.V.APARNA The Court made the following order: LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT APHC010359242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18467 OF 2025 Between: B. Sujatha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18467 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondent No.3 in not granting stay against the operation of orders vide Rc.No.111/FA/SM/2023, dated 13.05.2025 issued by the Respondent No.4 in terminating the Petitioner from the post of Field Assistant, Damarapalli Gram Panchayat, Thadikonda Mandal, Guntur District ,as illegal and arbitrary. 2. The Petitioner was initially appointed as Field Assistant in the month of February, 2009 and she has been working ever since. While so, the M.L.A of Tadikonda Constituency had given a complaint with regard to misappropriation of funds in Avenue Plantation in Tadikonda Mandal. On the basis of said complaint, an enquiry was conducted, issued Show-Cause Notice to the Petitioner on 09.12.2024. Though, the Petitioner had submitted his explanation on 21.12.2024 along with documentary evidence such as survey reports, photographs of plantation. The Petitioner was issued with another Show-Cause Notice dated 29.01.2025 by the Respondent No.4. The Petitioner though submitted his explanation again on 06.02.2025 denying the charges, the Respondent Authorities have terminated the Petitioner and issued final order dated 13.05.2025 terminating the Petitioner as Field Assistant. 3. Questioning the same, the Petitioner filed an Appeal before the District Collector as provided under guidelines 13(c) of Field Assistant Human Resource Policy on 05.06.2025. Along with the Appeal, the Petitioner sought for stay of order of termination as interim stay of termination of employee not considered. Hence, the present Writ Petition came to be filed. was 4. Sri M.S.R.Chandra Murthy, learned Standing Counsel Respondents 2 to 6 would contend that the order of termination for the was passed after due enquiry and considering the gravity of charges. It is further contended that the relief sought by the Petitioner would hamper the works i . Damarapalli Gram Panchayat, as the works cannot be executed without a Field Assistant. in 5. Having heard the learned counsel on both sides, this Court is inclined to dispose of the Writ Petition with following directions: (i) The District Collector, Guntur District/ Respondent No.3 is directed to dispose of the Appeal filed by the Petitioner on 05.06.2025, after affording opportunity of personal hearing of the Petitioner, as expeditiously as possible within a period of four (04) weeks from the date of receipt of a copy of this order. (ii) Considering the fact that the Petitioner was working as Field Assistant from 2009 onwards till the date of disposal of the Appeal, the Respondents are directed not to make any permanent arrangement at Damarapalli Gram Panchayat, Thadikonda Mandal, Guntur District in respect of Field Assistant, pending disposal of Appeal 6. With the above directions, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N. HAGAmAA ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, 1. The Principal Secretary Department, State of Andhra Pradesh, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, A.P., Vijayawada. 3. The District Collector/District Project Coordinator MGNREGS, DWMA, Guntur District at Guntur. 4. The Project Director cum Joint Secretary, District Water Management Agency (MGNREGS), DWMA, Guntur District at Guntur. 5. The Mandal Parishad Development Officer/Programme Officer, Mandal Praja Parishad, MGNREGS Thadikonda Mandal, Guntur District. 6. The Additional Programme Officer, Office of the Mandal Parishad Development Office, MGNREGS, A.P. Rural Development Department, Guntur Cluster, Thadikonda Mandal, Guntur District. 7. One CC to Sri N. Aswartha Narayana, Advocate [OPUC] 8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 9. One CC to Smr. B.V. Aparna Lakshmi, 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. Panchayat Raj and Rural Development Secretariat, Velagapudi, A.P. Rural Development Department, ssb HIGH COURT DATED:22/07/2025 5 0 5 AUG 2025 S ^ . Current Section . ^ ORDER WP No. 18467 OF 2025 S-. DISPOSING OF THE W.P. WITHOUT COSTS