APHC010377942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Boe TUESDAY,THE TWENTY NINETH DAY OF JULY ^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1937« OF 2025 Between: Tamalapakula Sujatha Mary, W/o Madan Mohan Rao, Aged Occ. Field Assistant, Nagulapadu Village, Pedanandi Padu Mandal, Guntur District. about 38 years. ...PETITIONER AND 1. The State of Andhra Pradesh Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department Velagapudi, Amaravathi, Guntur District. Secretariat, 2. The District Collector and District Program Coordinator MGNREGS, Guntur District. Coordinator of 3. The Commissioner Panchayat Raj and Rural Development Department, Tadepalli, Guntur District. 4. The Project Director-Cum-Additional District Coordinator MGNREGS, District Water Management Agency (DWMA), Guntur District, Guntur 5. The Mandal Parishad Development Officer/Program Officer, MGNREGS, Mandal Praja Parishad, Pedanandipadu District. 6. Nagulapadu Gram Panchayat, Rep.by i Village, Pedanandipadu Madnal, Guntur District. Mandal, Guntur its Secretary, Nagulapadu ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the arcumstances 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 issuing the impugned proceedings vide Rc. 17-05-2025, the action of the 4*^ Respondent in No. 111/FASM/2023 dated as arbitrary, illegal, and violative of Articles 14 Constitution, and principles of natural justice, and set aside the same and consequently direct the respondents to reinstate the petitioner into service forthwith as Field Assistant at Nagulapadu GfinTPanchayat under NREGS With all consequential benefits. and 21 of the lA NO: 1 OF 707^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to praying that in the circumstances stated reinstate the petitioner into service forthwith as Field Assistant at Nagulapadu Gram Panchayat u^er NREGS by suspend the operation of the impugned proceedings videfe. No. 111/FASM/2023 dated 17-05-2025 issued by the 4«’ Respondent, pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATA Counsel for the Respondent Nos. Counsel for the Respondent No.4: DURGA RAO ANANTHA 1 to 3: GP FOR SERVICES-I SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS & 6: SRI G. SREENIVASA REDDY, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.5 The Court made the following order: APHC010377942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19378/2025 Between: Tamalapakula Sujatha Mary ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 .VENKATA DURGA RAO ANANTHA 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.19378 of 2025 O R DE R: The present writ petition is filed declaring the action of the Respondent No.4 in issuing the impugned proceedings vide Rc.No.111/FASM/2023, dated 17.05.2025 as illegal and arbitrary. 2. The facts leading to the filing of the case are as follows: The Petitioner is working as Field Assistant in the office of MPDO/Programme Officer of NREGS, Andhra Pradesh. Basing on the report of the Respondent No.5, the Respondent No.4 issued the impugned proceedings keeping the Petitioner temporarily out of employment as Field Assistant and sought for explanation within 7 days. It is stated in the affidavit filed in support of the Writ Petition that the Respondent No.4 without giving any opportunity and without furnishing any documents, straight away issued the impugned Proceedings and keeping the petitioner temporarily out of employment. 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 3 Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The counsel also relied on an order passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No.16643 of 2025. Learned standing counsel Sri M.S.R.Chandra Murthy, submits that the enquiry is going on and the same would be 4. 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, maintainability of the writ petition was also urged as the nature of job of the Petitioner is akin to Labour. The 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 order as to costs. 5. 4 As a sequel, pending applications, if any, shall stand closed. 1 Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SEC OFFJCER To 1. The Principal Secretary, Panchayat Raj and Rural Development of Andhra Pradesh, Secretariat, Velagapudi, Department, State Amaravathi, Guntur District. 2. The District Collector and District Program Coordinator Coordinator of MGNREGS, Guntur District. 3. The Commissioner, Department, Tadepalli, Guntur District. Director-Cum-Additional District Coordinator MGNREGS, District Water Management Agency (DWMA), Guntur District, Guntur. Development Officer/Program Officer, MGNREGS, Mandal Praja Parishad, Pedanandipadu Mandal, Guntur District. 6. The Secretary, Pedanandipadu Madnal Guntur District. 7. One CC to Sri Venkata Durga Rao Anantha, Advocate [OPUC] 8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 9. One CC to Sri G. Sreenivasa Reddy, 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 4. The Project 5. The Mandal Parishad Nagulapadu Gram Panchayat, Nagulapadu Village, ssb HIGH COURT DATED:29/07/2025 ORDER WP No. 19378 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS