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2025 DAILYLAW 27128 (AP)

B RAVI KUMAR NAIK v. THE STATE OF ANDHRA PRADESH

WP/19587/2025 · 2025-07-30

Nyapathy Vijay

body2025

Judgment text

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APHC010383332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE -- PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19587 OF 2025 . Between: B Ravi Kumar Naik, S/o. B. Gangle Naik, Aged about 36 Years, Occ: Assistant, Ananthapuram District. Field Chamalagodi, R/o. 7-19, Gajulavaripalli Pedda Thaanda ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Department of Panchayat Raj and Rural Development, Secretariat buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Ananthapur, Satyasai District. 3. The Project Director, Kadiri Mandal, Ananthapur, Satyasai District. 4. The Mandal Parishad Development Office, Kadiri Mandal, MGNREGS Ananthapur, Satyasai District. 5. Assistant Project Director, District Water Management Agency (DWMA), Ananthapur, Satyasai 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 pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents 3 may be to 5 in preventing the petitioner from performing his duties Mandal. Pedha Thaanda Gram as Filed Assistant in Gandlapenta panchayat, Satyasai District Sathya Sai violative of Articles 14 and 21 of the apart from being violative of principles of natural justice consequently direct the respondents 3 to 5 allow the petitioner to continue his duties as Field Assistant in Gandlapenta Mandal Mandal and issue the due salaries to the petitioner. District as illegal, arbitrary discriminatory Constitution of India lA NO: 1 OF Petition under Section ^5^ 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 respondent 3 to 5 to permit the petitioner to continue his duties Filed Assistant in Gandlapenta Mandal, i Satyasai District, pending the final disposal as Pedha Thaanda Gram panchayat ' of this Writ Petition. ^ Counsel for the Petitioner: M/s.M HEMALATHA ^ Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES- r Counsel for the Respondent Nos. 3 & 5: SRI M.S.R. CHANDRA MURTHY SC FOR MGNREGS M/s. B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.4: The Court made the following order: 1 APHC010383332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginalJurisdiction) [3460] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19587/2025 Between: B Ravi Kumar Naik ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M HEMALATHA Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19587/2025 The present Writ Petition is filed to declare the action of the Respondent Nos. 3 to 5 in preventing the Petitioner from performing his duties as Field Assistant in Gandlapenta Mandal, Pedha Thaanda Gram Panchayat, Satyasai District as illegal and arbitrary. 2. The Petitioner was appointed as Field Assistant under Mahatma Gandi National Rural Employment Guarantee Act, 2005 in the year 2022 vide R.C.No.05/FA/SM/2022, dated 04.09.2022 for a period of one year initially and thereafter his services were extended from time to time. While so, a Notice was issued to the 12.12.2024 calling for explanation for certain Petitioner on allegations. Though, the Petitioner submitted his explanation 20.12.2024, the Respondent Authorities Order of removal of the Petitioner R.C.No.35/FA/Gandlapenta/H.R/Sri 24.02.2025. on passed the impugned vide Proceeding in Sathyasai/2024, dated 3. Though the Petitioner had filed Respondent No.2 appeal before the as provided under the Field Assistant 3 »»>:: Guidelines, the same is not being considered. Hence, the present Writ Petition. 4. Learned counsel for the Petitioner submits that because of non consideration of the Appeal, the livelihood of the Petitioner has been affected and there are no serious allegations against the Petitioner and even assuming that the charges are true, the same would not warrant any extreme order of removal. Learned Standing Counsel would submit that the impugned Order of termination was passed after considering the explanation offered by the Petitioner. 5. 6. Heard the respective counsel. 7. Considering the fact that the appeal is pending before the Respondent No.2, this Court is of the opinion that it would be appropriate to dispose of the present Writ Petition with the following directions: (i) The appeal filed by the Petitioner shall be disposed of by the Respondent No.2 as expeditiously as possible, preferably within a period of six weeks from today, (ii) The Respondent No.2 shall provide personal hearing to the Petitioner before passing final orders on the appeal filed by 4 the Petitioner. (iii) Till disposal of the appeal filed by the Petitioner, no permanent arrangement of Field Assistant should be made in the Pedha Thaanda Gram Panchayat, Gandlapenta Mandal, Satyasai District. (iv) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- RASVIESH BABU DEPUTY REGISTRAR //TRUE COPY// iCER SE To Department of Panchayat Raj and Rural 1. The Principal Secretary Development, State of Andhra Pradesh, Secretariat building. Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Ananthapur, Satyasai District. 3. The Project Director, Kadiri Mandal, Ananthapur, Satyasai District^ 4. The Mandal Parishad Development Office, Kadiri Mandal, MGNREGS Ananthapur, Satyasai District. 5. The Assistant Project Director, District Water (DWMA), Ananthapur, Satyasai District. 6. One CC to M/s. M. Hemalatha, Advocate [OPUC] 7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUpj 8. One CC to M/s.B.V. Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Services-1, High Court of Andhra 10. Two CD Copies. Management Agdncy Pradesh [OUJy^ ssb HIGH COURT DATED;31/07/2025 ^TofandT^ ((| I H AUG m mi! ? * Curreni seciion ORDER WP No.19587 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS