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2025 DAILYLAW 46271 (AP)

DASARI SEETARAMASWAMY v. THE STATE OF AP

WP/11778/2025 · 2025-05-05

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

m IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11778 OF 2025 Between: Dasari Seetaramaswamy, S/o Apparao, aged 55 years, Occ. Field Assistant (MGNREGS) at Namavaram Grama Panchayath, R/o D. No. 1-1 Namavaram Village And Post, Payakaraopeta Mandal, Anakapalli District (Visakhapatnam), Andhra Pradesh - 531126 ...Petitioner AND The State of Andhra Pradesh, Represented by its Principal Secretary Department of Rural Development, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. The District Collector-cum-District Program Coordinator, MGNREGS, at Payakaraopeta, Anakapalli District, Andhra Pradesh. The Project Director, District Water Management Agency (DWMA), at Payakaraopeta, Anakapalli District, Andhra Pradesh. 4. The Assistant Project Director (APD) of MGNREGS, Payakaraopeta, Anakapalli District, Andhra Pradesh. 5. The Mandal Parishath Development Officer-cum-Programme Officer of MGNREGS, Payakaraopeta Mandal, Anakapalli District, Andhra Pradesh. 1. 2. 3. / 6. The Project Officer, MGNREGS, MPDO Office, Payakaraopeta Mandal, Anakapalli District, Andhra Pradesh ...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 or order or direction more particularly one in the nature of writ of mandamus to declaring the proceedings in Rc.No.63/2024/DVC/PRP/B4/16TH, dated 29-01-2025 issued by the 2nd respondent/PD thereby final proceedings to the petitioner from the post of Field Assistant for MGNREGS, Namavaram Grama Panchayath, Payakaraopeta Mandal, Anakapalli District, Andhra Pradesh, without conducting proper enquiry, as illegal, irregular, arbitrary, violative of the principles of natural justice, contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14,19,21 and 300A of the Constitution of India and consequently set aside the proceedings vide Rc.No.63/2024/DVC/PRP/B4/16TH, dated 29-01-2025 issued by the 2nd respondent/PD. 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 suspend the proceedings in Rc.No.63/2024/DVC/PRP/B4/1 6TH, dated 29-01- 2025issued by the 2nd respondent/PD and further direct the 2nd respondent to reinstate the petitioner into service for said post of Field Assistant working at Namavaram GramPanchayat, Payakaraopeta Mandal, Anakapalli District, Andhra Pradesh pending disposal of the above writ petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. APPAVU MUNIRAJ Counsel for the Respondent No. 1: GP FOR SERVICES IV Counsel for the Respondent Nos 2 to 6: SRI M S R CHANDRA MURTHY SC FOR MGNREGS The Court made the following order: APHC010229392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I [3506] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11778/2025 ] Between: Dasari Seetaramaswamy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.APPAVU MUNIRAJ Counsel for the Respondent(S): I 1.GP FOR SERVICES IV X 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 order or writ or order or direction more particularly one in the nature of writ of mandamus to declaring Rc.No.63/2024/DVC/PRP/B4/16TH dated 29.01.2025 issued by the 2nd respondent/PD thereby final proceedings to the petitioner from the post of Field Assistant for MGNREGS NamavaramGramaPanchayath Payakaraopeta Mandal Anakapalli District Andhra Pradesh without conducting proper enguiry as illegal Irregular arbitrary violative of the principles of natural justice contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14, 19, 21 and 300A of the Constitution of India and conseguently set aside the proceedings vide Pc.No.63/2024/DVC/PRP/B4/16TH dated 29.01.2025 issued by the 2nd respondent/PD and and pass such other order or orders....” the proceedings in Heard Sri Appavu Munirj, 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 has been appointed as Field Assistant in the year 2008 at 3. Namavaram Gram Panchayat. He has been removed from services after conducting enquiry on certain allegations by passing final orders dated 29.01.2025. Aggrieved by the said order, petitioner has preferred appeal before respondent No.2 on 17.02.2025. 4. Learned counsel for the petitioner preferred an appeal, respondent No.2 i lapse of considerable time. submits that despite petitioner not disposing the same even after IS 5. Sri M.S.R.Chandra Murthy, learned Standing respondents submits that the appeal filed by the petitioner within reasonable time in accordance with law. 6. In view of the aforesaid submission, merits of the matter, with the consent of both is disposed by directing respondent No.2 speaking order after providing of four (04) weeks from the date of receipt of Accordingly, the Writ Petition stands order as to costs. Counsel appearing for shall be disposed without expressing any opinion the learned counsel, writ petition to dispose the appeal by passing an opportunity to the petitioner within a period a copy of this order. 7. disposed of. There shall be no As a sequel, miscellaneous applications pending if any. shall stand closed. Sd/- M SRINIVAS assistant registrar ^Tt&OFFlCER //TRUE COPY// SE To, 1. The Principal Secretary Department of Rural Development Secretariat Buildings at Velagapudi. Guntur District, Andhra Pradesh. 2. The District Collector-cum-District Program Coordinator, MGNREGS, Payakaraopeta, Anakapalli District, Andhra Pradesh. 3. The Project Director, District Water Management Agency (DWMA) Payakaraopeta, Anakapalli District, Andhra Pradesh. 4. The Assistant Project Director (APD) of MGNREGS, Pavakaraooeta State of AP, at at 5. The Mandal Parishath Development Officer-cum-Programme Officer of MGNREGS, Payakaraopeta Mandal, Anakapalli District, Andhra Pradesh. 6. The Project Officer, MGNREGS, MPDO Office, Payakaraopeta Mandal, Anakapalli District, Andhra Pradesh 7. One CC to Sri. Appavu Muniraj Advocate [OPUC] 8. One CC to Sri. M S R Chandra Murthy SC for MGNREGS [OPUC] 9. Two CCs to GP For Services IV, High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. GSC HIGH COURT DATED:6/5/2025 ORDER WP.No.11778 of 2025 DISPOSING THE WP WITHOUT COSTS