APHC01037e612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) lU MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19402 OF 2025 Between: Kumari Pollai, W/o Krishna Chandra, Aged about 39 years, Occ Field Assistant, Buragam Gram Panchayat Pathapatnam Mandal, Srikakulam District (Under Suspension) ...Petitioner AND The State of Andhra Pradesh, Panchayat Raj and Rural Development (RD-II) Department, Secretariat, Velgapudi, Amarvathi, Guntur District A.P., rep. by Principal Secretary. 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, Srikakularn District. The Project Director, The District Water Management Agency and The Addl. District Programme Coordinator, Rural Employment Guarantee Scheme AP, Srikakulam. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MNREGS-AP, Pathapatnam Mandal, Srikakulam District. 1. 2. 3. 4. Mahatma Gandhi National 5. ...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 the proceedings in Rc No. 24/2025/E.G.S{FA- BRGM-PPTM/HR dated 24.06.2025 of the 4th respondent as illegal, arbitrary, contrary to FAHR Policy issued in Circular No. 666/EGS(P)/2012 dated 08.01.2013 and against the principles of natural justice and consequently set aside the same by directing the Respondents to continue Buragam Gram Panchayat, Pathapatnam Mandal, Srikakulam District. the Petitioner as Field Assistant of lA NO: 1 OF 7()9R Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to direct the respondents herein to continue the petitioner as Field Assistant of Buragam Gram Panchayat, Pathapatnam Mandal Srikakulam District by suspending the proceedings in Rc No. 24/2025/E.G.S(FA-BRGM-PPTM/HR dated 24.06.2025 passed by . the 4th respondent, pending disposal of the writ Petition. Counsel for the Petitioner: M/S TADDI Counsel for the Respondent Nos. 1 Counsel for the Respondent Nos.3 SC FOR MGNREGS The Court made the following order: SOWMYA NAIDU and 2: GP FOR SERVICES I to 5: SRI M S R CHANDRA MURTHY APHC010376612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19402/2025 Between: Kumari Pollai ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.TADDI SOWMYANAIDU Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.19402 of 2025 O R DE R; The present writ petition is filed declaring the proceedings in Rc No.24/2025/E.G.S(FA- BRGM-PPTM/HR, dated 24.06.2025 of the 4th respondent as illegal, arbitrary. 2. The facts leading to the filing of the case are as follows: The Petitioner is working as Field Assistant in Buragam Gram Panchayat, Pathapatnam Mandal, Srikakulam District. On a complaint given by one Bhudevi Sahu of Buragam Gram Panchayat on 07.02.2025, the Assistant Project Director, Fliramandalam Cluster submitted a report to the Respondent No.4 and in turn the Respondent No.4 issued the impugned proceedings keeping the Petitioner temporarily out of employment as Field Assistant and sought for explanation within 14 days. 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 Respurce Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The counsel also relied on an order 3 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 would be initiated soon and the would be concluded within three weeks. The further contention is same that the guidelines are not statutory and even otherwise 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 also urged as the nature of job of the Petitioner is akin to Labour. no 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 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 5. order as to costs. 4 As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAMIViA ASSISTANT REGISTRAR //TRUE COPY// SECtlON OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development (RD-II) Department, State of Andhra Pradesh, 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, Srikakulam District. The Project Director, The District Water Management Agency and The Addl. District Programme Coordinator, Rural Employment Guarantee Scheme AP, Srikakulam. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MNREGS-AP, Pathapatnam Mandal, Srikakulam District. One CC to M/S. Taddi Sowmya Naidu 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 2. 3. 4. Mahatma Gandhi National 5. 6. 7. 8. 9. gsc HIGH COURT DATED:28/07/2025 ORDER WP NO. 19402 OF 2025 DISPOSING THE WP WITHOUT COSTS