IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY^/^ TWO THOUSAND AND TWENTY FIVE vX (•(£ l o Urn Cl > xVV PRESENT V./ O \’ HON’BLE SRI JUSTICE SUBBA REDDY SATTIv ^ WRIT PETITION NO: 2233 OF 2025 Between: Nakka Ramanamurthy, S/o Chinnappayya, Aged 41 years, Occ: Field Assistant (Removed), R/o. Boddapadu Gram Panchayat, Jalumuru Mandal, 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. District Collector-cum-Djstrict Programme, Coordinator of MGNREGS, Srikakulam District. 3. Project Director-cum-Additional District, Programme Coordinator of MGNREGS, District Water Management Agency, Srik^lam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 2nd respondent in not deciding the petitioners appeal dt. 29.01^2022 filed against the Impugned Proceedings in Rc.No.266/2021/EGS/HR, dt. 22.12.2(321 passed by the 3rd respondent thereby removed him from the post of Field Assistant working in Boddapadu Gram Panchayat in Jalumuru Mandal of Srikakulam District as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on 2nd respondent under the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently direct .the 2nd respondent to decide petitioners appeal in accordance with law as expeditiously as possible. ' lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspVnd the operation of proceedings in Rc.No.266>2021/EGS/HR, dt. 22.1^^2021 passed by the 3rd respondent and consequently direct the 2nd respondent to decide my appeal dated 29.01.2022 filed assailing termination order dt. 22.12.2021 in Rc.No.266/2021/EGS/HR passed by the 3rd respondent as expeditiously as possible in accordance with law, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR SERVICES \\N^ Counsel for the Respondent Nos. 2 & 3: SRI M S R CHANDRA MURTHY The Court made the following: ORDER APHC010036912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2233/2025 Between: ...PETITIONER Nakka Ramanamurthy AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) ^ Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following order: The petitioner, working as a Field Assistant, kept out of contract, filed the above writ petition to declare the action of respondent No.2 in not deciding the petitioner’s appeal dated 29.01.2022, filed against the proceedings passed by respondent No.3 vide Rc.No.266/2021/EGS/HR dated 22.12.2021, as illegal and arbitrary. Heard Sri Srinivas Ambati, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for respondent No.l; Sri M.S.R. Chandra Murthy, learned standing counsel for respondents 2 and 3. 2. Learned counsel for the petitioner would submit that the petitioner, a Field Assistant under MGNREGS at Boddapadu Panchayat, Jalumuru 3. Mandal, Srikakulam District was permanently kept out of contract by proceedings in Rc.No.266/2021/EGS/HR dated 22.12.2021 (Ex.P2). Against the said proceedings, the petitioner filed an appeal before the appellate authority, respondent No.2, on 29.01.2022. However, the same has not been disposed of so far. Learned standing counsel for respondents 2 and 3, on instructions, while not disputing the filing of the appeal by the petitioner, would submit that the appeal papers are not available in the office of respondent No.2. 4. As per clause 13 of the Filed Assistant Human Resource Policy, 2013 (FAHRP), any person aggrieved by the order of termination has to file an appeal before the appellate authority. 5. In the case at hand, as seen from Ex.P2 and the endorsement made therein, the appeal was filed on 29.01.2022. However, as per the submission of learned standing counsel, the appeal is not available in the office of The endorsement on Ex P.2., makes it clear that the petitioner filed an appeal. The respondent authority can reconstruct the appeal. 6. respondent No.2. Given the submission of learned standing counsel, this writ petition is disposed of at the stage of admission, with the consent of learned counsel on either side directing the petitioner to submit one more copy of the appeal by annexing Ex.P2, to respondent No.2, within three weeks from today. On receipt of the appeal, learned respondent No.2 shall treat it, as if, the appeal was filed on 29.01.2022 and dispose of the same strictly as per the FAHRP within four weeks thereafter. No costs. 7. Sd/- M.PRABHAKAR RAO //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER To, Principal Secretary to Government, Panchayat Ftaf and Rural Department, Secretariat, Velagapudi,^Amaravati, Guntu! MP^NRPrQ^Q . Collector-cum-District .Programme, MGNREGS, Srikakulam District. > Coordinator of District, Programme Coordinator of MCNREGS, District WaterJVIanagement Agency, Srikakularn District. 4. One CC to Sri Srinivas Ambati Advocate [OPUC]-^ 5. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] 6. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED:30/01/2025 ORDER S' 13 FEB 2025 WP.No.2233 of 2025 <5, ^Jj ^ . Current Section DISPOSING OF THE W.P., WITHOUT COSTS