IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10221 OF 2025 Between: Tamarana Appala Naidu, S/o Narayana Murthy, aged about 42 years, R/o Vajragada Village, Makavarapalem Mandal, Anakapalli District. ...Petitioner y AND 1. The State of Andhra Pradesh, Represented by it's Principal Secretary, Panchayat Raj and Rural Development Department Secretariat of A.P., Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, Anakapalli. 3. The Programme Officer, M.G.N.R.G.S./ Mandal Parishad Development Officer, Makavarapalem Mandal, Anakapalli District. 4. Project Director, District Water Management Agency (DWMA) Anakapalli, Anakapalli 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 be pleased to issue a writ, order or a direction more particularly one in the nature of Mandamus declaring the action of the may respondents in contemplating to appoint Field Assistant in Vajragada Gram Panchayat, Makavarapalem Mandal, Anakapalli District pending petitioner's appeal dt. 17.03.2023 before 2nd respondent against the order of the 4th respondent in RC No. 217/A3/2019/Human Resource Department dt.13.07.2021 served on 11.03.2023 as being illegal, arbitrary and violative of Art 14, 16 and 21 of Constitutionof India lA NO: 1 OF 2025 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 not to fill up post of Field Assistant in Vajragada Gram Panchayat, Makavarapaiem Mandal, Anakapalle District pending the disposal of above writ petition Counsel for the Petitioner: M/s. T V SRI DEVI Counsel for the Respondents No.1, 2: GP FOR SERVICES I Counsel for the Respondent No.3: SRI Y KOTESWARA RAO, Standing Counsel Counsel for the Respondent No.4: SRI M S R CHANDRA MURTHY, Standing Counsel The Court made the following: Order APHC010203082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BM0 [3506] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10221/2025 Between: ...PETITIONER Tamarana Appala Naidu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.T VSRI DEVI Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an appropriate order or a direction more particularly one in the nature of Mandamus declaring the action of the respondents in contemplating to appoint Field Assistant in Vajragada Gram Panchayat Makavarapalem Mandal Anakapalli District pending petitioners appeal dt.17.03.2023 before 2"^ respondent against the order of the 4^^ respondent in RC.No.217/A3/2019/Human Resource Department dt.13.07.2021 served on 11.03.2023 as being illegal arbitrary and violative of Art 14, 16 and 21 of Constitution of India and pass such other order or orders....” Heard Smt T.V.Sridevi, learned counsel for petitioner, 2. Sri M.S.R.Chandra Murthy, learned Standing Counsel and learned Assistant Government Pleader for Services-I for respondents. Petitioner was appointed as Field Assistant, Vajragada Gram Panchayat, Makavarapalem Mandal, Anakapalli District in the year 2017. Based on the allegations that petitioner was involved in some criminal case, petitioner was issued temporary termination order on 30.07.2019 and was called upon to submit explanation for aforesaid charges. Petitioner after submitting explanation, upon conducting enquiry, came to be removed from service by order dated 13.07.2021 and it is stated that the said order came to be served on petitioner on 11.03.2023. Immediately, the petitioner preferred appeal before respondent No.2 on 17.03.2023 which is stated to be pending. The criminal case foisted against the petitioner in S.C.No.104 of 2023 on the file of the /Qs^tant Sessions Judge, Narsipatnam, for offences under Sections 3. 3 307, 324, 323 read with Section 34 of I.P.C, ended in acquittal by judgment dated 22.04.2024 and even the rowdy sheet opened against him has been closed. However, as on today there are no criminal cases pending against the petitioner. As appeal filed by petitioner is not disposed and that the respondents are taking steps to appoint regular field assistant, petitioner preferred present writ petition. Learned counsel for the petitioner submits that inasmuch as the appeal 4. preferred by petitioner is pending before respondent No.2 and in view of subsequent developments that the offences foisted against petitioner came to be disposed and ended in acquittal and that there is no criminal case as such pending against him, and he deserves to be considered for reappointment by disposing of the aforesaid appeal. 5. Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondents placed on record written instructions stating that petitioner has been removed from service on account of the criminal case and rowdy sheet being pending against him and that respondent No.4 passed order on 13.07.2021, he refused to receive the said order and even the registered post which has been sent to petitioner was returned back on 08.10.2021. Petitioner has filed appeal on 17.03.2023 before respondent No.2 after more than 20 months of removal. Learned counsel for the petitioner submits that it would suffice to direct 6. respondent No.2 to dispose the appeal and by granting liberty to plead subsequent developments. 4 In view of the aforesaid submissions and having regard to the fact that petitioner has already preferred appeal, by granting liberty to petitioner to file additional plea if any, the respondent No.2 is directed to consider the and pass appropriate orders on the appeal after providing opportunity of hearing to the petitioner within a period of six weeks from the date of receipt of a copy of this order by passing speaking order. Respondents are further directed that till the same is decided, the temporary arrangement made presently be continued without any permanent appointment to the post of Field Assistant. 7. same 8. Accordingly, the Writ Petition stands disposed of. There shall be order as to costs. no As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// r To . SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department Secretariat of A.P., Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, Anakapalli. 3. The Programme Officer, M.G.N.R.G.S./ Mandal Parishad Development Officer, Makavarapalem Mandal, Anakapalli District. 4. Project Director, District Water Management Agency (DWMA) Anakapalli, Anakapalli District. 5. One CC to SRI T V SRI DEVI Advocate [OPUC] SERVICES I, High Court of Andhra Pradesh 7. One CC to SRI Y KOTESWARA RAO, Standing Counsel for MGNRGS [OPUC] 8. One CC to SRI M S R CHANDRA MURTHY, Standing Counsel for DWMA [OPUC] 9. Three CD Copies gsg HIGH COURT DATED: 30/04/2025 ORDER WP.No.10221 of 2025 DISPOSING THE WP WITHOUT COSTS 1