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2025 DAILYLAW 44788 (AP)

K S RAO v. THE STATE OF AP

WP/1309/2019 · 2025-03-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI " (Special Original Jurisdiction) MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1309 OF 2019 Between: K Someswara Rao, Son of Mohan Rao, Aged about 29 Haripuram Village, Mandasam Mandal, Srikakulam District. years, R/o ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District 2. The Commissioner Department, Velagapudi, Guntur District. 3. The District Collector, Srikakulam District. 4. The Project Director, District Water Management Agency, Srikakulam, Srikakulam District. 5. The Mandal Parishad Development Officer, Srikakulam District. Panchayat Raj And Rural Development Mandasa Mandal, ...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, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not incorporating the name of the petitioner to system attached to the National Rural Employment Guaranteed Scheme of the 4*^ respondent on the representation dated 30.01.2019 is illegal, arbitrary and in violation of principles of natural justice, and consequently direct the respondents 4 and 5 to permit the petitioner to attend to his regular duties as a Field Assistant of Haripuram Grampanchayat of Mandasa Mandal, Srikakulam District by paying the regular salaries together with arrears. lA NO: 1 OF 2023 Petition under Rule 12 1 (a) of Writ Rules R/w 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 grant leave to the petitioner to file Counter in W.P.No.1309 of 2019. lA NO: 1 OF 2019 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 direct the respondents 4 & 5 to permit the petitioner to attend to his regular duties as a Field Assistant of Haripuram Grampanchayat Mandasa Mandal, Srikakulam District by paying the regular salaries together with arrears, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K SRINIVAS Counsel for the Respondent Nos.1 & 2: GP FOR PANCHAYAT RAJ RURAL DEV (AP) of Counsel for the Respondent Nos.3 SPL C FOR NREGS Counsel for the Respondent No.5: SRI K.K.DURGA PRASAD The Court made the following: & 4: SRI M.S.R.CHANDRA MURTHY, / ) rAPHC010028662019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] 0= MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1309 OF 2019 Between: K.Someswara Rao ...PETITIONER AND The State of Andhra Pradesh and Others Counsel for the Petitioner: -I.KSRINIVAS Counsel for the Respondent(S): 1 SPL C FOR NREGS(M S R CHANDRA MURTHY) 2 K K DURGA PRASAD 3.GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: ORDERl: ...RESPONDENT(S) The instant Writ Petition is filed under Article 226 of the Constitution of India for the following relief: to issue a Writ of Mandamus declaring the action of the respondents ip not incorporating the name of the petitioner to system attached to the l\jational Rural Employment Guaranteed Scheme of the 4^^ respondent on the representation dated 30.01.2019 is illegal, arbitrary and in violation of principles of natural justice and consogjjently direct the respondents 4 and 5 to permit the petitioner to attend to his regular duties as a Field Assistant of Haripuram Grampanchayat of Mandasa Mandat, Srikakulam District by paying the regular salaries together with arrears”. 2. Heard Sri K. Srinivas, learned counsel for the '-c petitioner and Mr. M.S.R.Chandra Murthy, learned Standing Counsel for respondent Nos.2 to 4. 3. Learned counsel for the petitioner would submit that the petitioner was appointed as a Field Assistant on 10.03.2017. Earlier, one Field Assistant by name Ms.P. Mohini was terminated. The petitioner could not get his salary, since the name of earlier Field Assistant Ms.P. Mohini was not deleted in the system. The petitioner has made several representations to the respondents to consider his request by incorporating his name in the system, in the place of Ms. P. Mohini and permit him to attend the regular duties. 4. Per contra, learned Standing Counsel for the respondents No. 2 to 4 would submit that they have filed counter to the effect that Ms. P. Mohini could not reach the labour target at 75% as per norms and that she Thereafter, she has filed W.P.No.46841 of 2018, which was removed. was disposed of, directing the respondents to reinstate the said Ms. P. Mohini in the service vide order dated 26.12.2018. 5. Learned Standing Counsel would submit that in obedience to the orders passed by this Court, the said Ms. P. Mohini was reappointed as Field Assistant. The petitioner was never appointed as Field Assistant and finally prays for dismissal of the Writ Petition. 6. Considering the submissions made, is that after removal of Ms. P. Mohini, temporary basis and he representations to the respondent No.5 since the claim of the petitioner he was appointed as Field Assistant has worked. The petitioner on made several seeking request to pay his salary. 7. In that view, it is apposite to dispose of the Writ Petition respondent No.4 to consider the governing rules and law and from the date of receipt of a copy of this order. directing the representations of the petitioner, according to pass appropriate orders within three (03) months 8. With the above direction. this Writ Petition is disposed of. No costs. 9. As a sequel, Interlocutory Applications Petition, shall stand closed. pending, if any, in this Writ Sd/- K J RAJA BABC ASSISTANT REGISTRAR //TRUE COPY// SECTIOhrOFFICER To. 1- The Principal Secretary, Stete of Andhra Pradesh Rural Development Department Velagapudi, Guntur District 2. The Commissioner, Panchayat Raj And Department, Velagapudi, Guntur District 3. The District Collector, Srikakulam District. District Water Management Panchayat Raj and Buildings, Andhra Pradesh Secretariat Rural Development 4. The Project Director, Srikakulam District. 5. The Mandal Agency, Srikakulam Parishad Development Officer, Mandasa Mandal, Srikakulam District 5 6. One CC to SRI. K SRINIVAS, Advocate [OPUC] 7. One CC to SRI K.K. DURGA PRASAD, 8. One CC to SSRI M.S.R.CHANDRA [OPUC] 9. Two CCs to GP FOR PANCHAYAT Of Andhra Pradesh. [OUT] Three CD Copies Advocate [OPUC] murthy, spl c for NREGS RAJ RURAL DEV (AP),High Court 10. sree <s> HIGH COURT DATED:03/03/2025 ORDER WP.No.1309 of 2019 I 1! SEP 2025 ^ Current Section m DISPOSING OF THE W.P. WITHOUT COSTS