APHC01038Q272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19731 OF 2025 Between: Nokku Veera Venkata Ramana, S/o. N. Polayya, aged 42 years, Occ; Field Assistant (under termination) R/o. D.No. 1-83, Kodada Village, Thondangi Mandal, Kakinada District. ...Petitioner AND Principal Secretary, 1. The State of Andhra Pradesh, Rep. by its Department of Panchayat Raj and Rural Development, Secretariat Velagapudi, Amaravathi. 2. The District Collector and District Project Coordinator for the Mahatma Gandhi National Rural Employment Guarantee Scheme, Kakinada District, Kakinada. 3. The Project Director and Joint Secretary, The District Water Management Agency, Kakinada District, Kakinada. 4. The Assistant Project Director, District Water Management Agency Kathipudi cluster, Kakinada District. 5. The Mandal Parishad Development officer, Thondangi Mandal, Kakinada 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 an appropriate writ, order or direction, more particularity one the nature of writ of Mandamus or any other appropriate Writ, declaring the Termination order vide HR/08/EGS/DWMA/2024 passed by the • in Impugned 2"^^ Respondent Dt. 09.07.2025, which is by confirming the order of the 3rd Respondent, order Dt. 11.03.2025, vide HR/08/EGS/DWMA/2024 against the petitioner as illegal, unjust and violation of the article 14, 21 and 311 of the constitution of India and set aside the same by directing the Respondents to follow provisions of the Field Assistants Human Resource Policy (FAHRP) under MGNREGS in order to reinstate the petitioner in the post of Field Assistant in Kodada village of Thondangi Mandal in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay of all further proceedings in pursuance of the Impugned HR/08/EGS/DWMA/2024 passed by the 2nd Termination order vide Respondent Dt. 09.07.2025 passed by the 2 continue the petitioner in the post of Field Assistant in Kodada village, Thondangi Mandal pending disposal of the main Writ Petition in the interest of nd Respondent in order to justice. Counsel for the Petitioner: SRI RAMANA ALLU Counsel for the Respondent Nos.1, 3 & 4 : GP FOR SERVICES I Counsel for the Respondent No.2 : SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.5 : SRI Y. KOTEDWARA RAO, SC FOR GRAM PANCHAYAT The Court made the following order: APHC010380272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] r MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19731/2025 Between: 1.NOKKU VEERA VENKATA RAMANA, S/0. N. POLAYYA, AGED 42 YEARS, OCC FIELD ASSISTANT (UNDER TERMINATION) R/0. D.NO.1-83, KODADA VILLAGE, THONDANGI MANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI PETITIONER 2.THE DISTRICT ' COLLECTOR AND DISTRICT PROJECT COORDINATOR FOR THE MAHATMA GANDHI NATIONAL RURAL, KAKINADA DISTRICT, KAKINADA. 3.THE PROJECT DIRECTOR AND JOINT SECRETARY, THE DISTRICT WATER MANAGEMENT AGENCY, KAKINADA DISTRICT, KAKINADA. 4.THE ASSISTANT PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY KATHIPUDI CLUSTER, KAKINADA DISTRICT. 2 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, THONDANGI MANDAL, KAKINADA DISTRICT. ...RESPONDENT(S): 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 an appropriate writ, order or direction, more particularity one in the nature of writ of Mandamus or any other appropriate Writ, declaring the Impugned Termination order vide HR/08/EGS/DWMA/2024 passed by the 2 09.07.2025, which is by confirming the order of the 3'^' Respondent order Dt. 11.03.2025, vide HR/08/EGS/DWMA/2024 against petitioner as illegal, unjust and violation of the .article 14, 21 and 311 of the constitution of India and set aside the same by directing the Respondents to follow provisions of the Field Assistants Human • Resource Policy (FAHRP) under MGNREGS in order to reinstate the petitioner in the post of Field Assistant in Kodada village of Thondangi Mandal in the interest of justice and to pass such other order. lA NO: 1 OF 2025 nd Respondent Dt. the 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 stay of all further proceedings in pursuance of the Impugned Termination order vide HR/08/EGS/DWMA/2024 passed by the 2nd Respondent Dt. 09.07.2025 passed by the 2nd Respondent in order to continue the petitioner in the post of Field Assistant in Kodada village, Thondangi Mandal pending disposal of the main Writ Petition in the interest of justice. Counsel for the Petitioner: 1.RAMANAALLU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19731 of 2025 i O R DE R: The present Writ Petition is filed questioning the action of Respondent No.2 in issuing termination order vide Proceedings in HR/08/EGS/DWMA/2024, dated 09.07.2025 confirming the order 1. Respondent No.3 vide Proceedings passed HR/08/EGS/DWMA/2024, dated 11.03.2025, as illegal and by arbitrary. The facts leading to the filing of the present Writ Petition 2. are as follows; The Petitioner was appointed by Respondent No.4 as Field Assistant in Kodada Village, Thondangi Mandal, East Godavari District, in the year 2020 and continued in the said post for a period of one (1) year on monthly consolidated remuneration initially and the same was being extended from time to time. While so. Respondent No.3 issued suspension order-cum-show- notice on 19.12.2024 suspending the Petitioner from the said post. The Petitioner submitted a detailed explanation to the said show-cause notice on 07.02.2025 stating that he has not committed any irregularities, misappropriation of funds and cause 2 dereliction of duty. Even after submission of the explanation by the Petitioner, Respondent No.3 failed to initiate disciplinary enquiry against the Petitioner. Hence, the present Writ Petition came to be filed. 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 Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The learned counsel for the Petitioner also relied on an order passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No. 16643 of 2025, dated 08.07.2025. The learned Standing Counsel Sri M.S.R. Chandra Murthy appearing for Respondents submits that the enquiry would be 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. The maintainability of the Writ Petition was also urged as the nature of job of the Petitioner is akin to Labour. 4. 3 i Having heard the respective counsel, this Court without going into the issues urged by the learned Standing Counsel for the Respondents, is inclined to dispose of the Writ Petition in terms of the Order passed by the Division Bench of this Court in W.P.No. 16643 of 2025, dated 08.07.2025, with the following 5. directions; (i) The Respondent authorities are directed 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; (ii) No order as to costs. Accordingly, the Writ Petition is disposed of. 6. As a sequel, pending applications, if any, shall stand Sd/- U SRIDEVI DEPUTY REGISTRAR 7. closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The District Collector and District Project Coordinator for the Mahatma Gandhi National Rural Employment Guarantee Scheme, Kakinada District, Kakinada. 3. The Project Director and Joint Secretary, The District Water Management Agency, Kakinada District, Kakinada. 4. The Assistant Project Director, District Water Management Agency Kathipudi cluster, Kakinada District. 5. The Mandal Parishad Development officer, Thondangi Mandal, Kakinada District. 6. One CC to Sri Ramana Allu, Advocate [OPUC] 7. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Cnr / HIGH COURT DATED:01/09/2025 ORDER WP NO. 19731 OF 2025 m( 0 7 NOV 2025 j’g ^ ★\Current bection^/^ J DISPOSING OF THE W.P. WITHOUT COSTS