VAVILAPALLI HYMAVATHI v. THE STATE OF ANDHRA PRADESH
WP/2222/2025 · 2025-02-04
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4709 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4709 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2222 OF 2025 Between: Vavilapalli Hymavathi, W/o Govindarajulu Aged 37 years, Occ Field Assistant (Suspension), R/o. China Mangalapuram Gram Panchayat, Palakonda Mandal, Parvathipuram Manyam District (Erstwhile Srikakulam District). ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department Secretariat,Velagapudi,Amaravati,Guntur District. 2. Project Director-cum-Additional District, Programme Coordinator of MGNREGS, District Water Management Agency, Parvathipuram Manyam District, (Erstwhile Srikakulam 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings in Rc.No.573/2024/DVC/Manyam 02.12.2024 issued by the 2 respondent thereby suspended Field Assistant working in China Mangalapuram Gram Panchayat Mandal of Parvathipuram Manyam District, without conducting enquiry and without issuing show cause notice is illegal, arbitrary, violative of principles of natural justice, contrary to the provisions of National Rural Employment Guarantee Act, 2005 and offends Articles 14 and 21 of Constitution me from the post of in Palakonda Scheme of India and consequently
f set aside the proceedings dt. 02.12.2024 and direct the 2nd respondent to reinstate the petitioner into service for the said post. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the vyrit petition, the High Court may be pleased to suspend the operation of proceedings in Rc.No.573/2024/DVC/Manyam 02.12.2024 issued by the 2 respondent passed by the 2nd respondent and consequently direct the respondents to reinstate the petitioner into service in the post of Field Assistant working in China Mangalapuram Gram Panchayat in Palakonda Mandal of Parvathipuram Manyam District, pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRi SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR SERVICE -1 Counsel for the Respondent No.2: SRI M S R CHANDRA MURTHY The Court made the following: ORDER
w APHC010036892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2222/2025 Between; ...PETITIONER Vavilapalli Hymavathi AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.SRIN1VAS AMBATI Counsel for the Respondent(S);
1.GP FOR SERVICES IV The Court made the following:
ORDER Field Assistant (under suspension) appointed under The Petitioner, MGNREG Scheme filed the above writ petition, impugning the suspension proceedings issued by the 2"'^ respondent vide Rc.No.573/2024/DVC/Manyam dated 02.12.2024, as illegal and arbitrary. i a) It was pleaded in the affidavit that the petitioner was appointed as 2007 at China Mangalapuram Gram Panchayat in Since then, he has
2. Field Assistant in the year Palakonda Mandal of Parvathipuram Manyam District. been discharging his duties.
w b) Be that as it may, the petitioner was placed under suspension vide Ex.P1 without any valid reasons.
3. Heard Sri Srinivas Ambati, learned counsel for petitioner, Sri S.Raju, learned Assistant Government Pleader for Services-I for 1®* respondent and Sri M.S.R.Chandra Murthy, learned standing counsel for 2"'^ respondent.
4. At the hearing, learned counsel for petitioner would confine and urged the Court to direct the 2"^ respondent to complete the inquiry in terms of Clause 13 of Field Assistants Human Resource Policy, 2013.
5. Sri M.S.R.Chandra Murthy learned standing counsel for 2""^ respondent, on oral instructions, would submit that the 2""^ respondent by following the procedure i.e. by issuing show cause notice calling for explanation and after affording an opportunity of personal hearing to the petitioner, will pass appropriate orders strictly as per Clause 13 of Field Assistants Human Resource Policy, 2013.
6. Given the facts and circumstances, without touching the merits of the case, the Writ Petition is disposed of at the admission stage with the consent of both the learned counsel, directing the 2"^ respondent to conclude the inquiry adhering to the procedure mandated in clause 13 of Field Assistants Human Resource Policy, 2013. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- K TATA RAO DEPUTY REGISTRAR SEC^N OFFICER
1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department Secretariat,Velagapudi,Amaravati,Guntur District.
2. Project Director-cum-Additional District, Programme Coordinator of MGNREGS District Water Management Agency, Parvathipuram Manyam District, (Erstwhile Srikakulam District).
3. One CC to SRI SRINIVAS AMBATI, Advocate [OPUC] t nno 0^" Andhra Pradesh [OUT]
5. One CC to SRI M.S.R. CHANDRA MURTHY, Advocate [OPUC]
6. Three C.D. Copies .
//TRUE COPY// To, nm
T / HIGH COURT DATED:04/02/2025
ORDER WP.No.2222 of 2025 ^ofanoT^ ^ 15 MAR 2025 | . Current Section cJ DISPOSING OF THE WP WITHOUT COSTS