APHC010049562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2960/2025 Between: 1. SATYAPPA GARI NARAYANA,, S/O. BIRANNA GARI RAMAPPA, AGED 46 YEARS, OCC- FIELD ASSISTANT, R/O. D.NO.8-70, CHINNAPALLI VILLAGE, PARIGI MANDAL, SRI SATHYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P., VIJAYAWADA. 3. THE DISTRICT COLLECTOR/DISTRICT PROJECT COORDINATOR, MGNREGS, DWMA, SRI SATHYA SAI DISTRICT. 4. THE PROJECT DIRECTOR CUM JOINT SECRETARY, DISTRICT WATER MANAGEMENT AGENCY (MGNREGS), DWMA, SRI SATHYA SAI DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER/PROGRAMME OFFICER, MANDAL PRAJA PARISHAD, MGNREGS, A.P. RURAL DEVELOPMENT DEPARTMENT, PARIGI MANDAL, SRI SATHYA SAI DISTRICT. Page 2 of 5 SRS,J W.P.No.2960 of 2025 6. THE ADDITIONAL PROGRAMME OFFICER, OFFICE OF THE MANDAL PARISHAD DEVELOPMENT OFFICE, MGNREGS, A.P. RURAL DEVELOPMENT DEPARTMENT, PARIGI MANDAL, SRI SATHYA SAI DISTRICT. ...RESPONDENT(S): 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 of mandamus or any other appropriate writ order or direction declaring the action of the respondents no.5 and 6 are not allowing the petitioner to discharge duties as a Filed Assistant of Sree Rangarajupalli Grama Panchayat, Parigi Mandal, Sri Sathya Sai District and insisting the petitioner to submit resignation to the post of Field Assistant is illegal and arbitrary and also violation of principles of natural justice consequently direct the respondents to continue the petitioner as Field Assistant of Sree Rangarajupalli Grama Panchayat, Parigi Mandal, Sri Sathya Sai District and pass IA 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 may be pleased to direct the respondents to continue the petitioner as Field Assistant of Sree Rangarajupalli Grama Panchayat, Parigi Mandal, Sri Sathya Sai District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DUNGA RITHESH NAIDU Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. B V APARNA LAKSHMI SRS,J W.P.No.2960 of 2025 The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondents 5 & 6 in not allowing the petitioner to discharge duties as Field Assistant at Sree Rangarajupalli Grama Panchayat, Parigi Mandal, Sri Sathya Sai District and insisting the petitioner to resign, as illegal and arbitrary. 2. Heard Sri S. Mahendar, learned counsel representing Sri Dunga Ritesh Naidu, learned counsel for the petitioner and Sri M.S.R. Chandra Murthy, learned Standing Counsel appeared for respondents 2 to 4 & 6 and Smt. B.V.Aparna Lakshmi, learned Standing Counsel appeared for respondent No.5. 3. The petitioner was appointed as a Field Assistant vide proceedings in Rc.No.Nil/569/HR/RS/SM/Parigi/14/2014, dated 28.07.2014 (Ex.P1) and has been discharging duties. A show-cause notice dated 13.11.2024 (Ex.P2) was issued to the petitioner. The petitioner submitted an explanation dated 21.11.2024 (Ex.P3). 4. Learned counsel for the petitioner would submit that respondents 5 & 6 are not allowing the petitioner to discharge duties as Field Assistant. 5. Sri M.S.R. Chandra Murthy, learned Standing Counsel, on instructions, would submit that, in pursuance of, a show-cause notice issued by respondent No.5 vide Ex.P2 and the explanation submitted by the petitioner vide Ex.P3, respondent No.5 submitted a report to respondent No.4. Thereafter, the Project Director–respondent No.4 issued notice vide Rc.No.35/FA/Sri Rangarajulapalli/Parigi/2024, dated 24.12.2024. The petitioner submitted an explanation on 30.12.2024, through a registered post. Learned counsel further submitted that the inquiry will be conducted as per the guidelines fixed in the Field Assistant Human Resource Policy, 2013 (hereinafter referred to as the SRS,J W.P.No.2960 of 2025 ‘the Policy’). He also would submit that no order of termination has passed so far. If the petitioner attends the duty, respondents 5 & 6 will not interfere with the petitioner’s discharging duties. 6. Thus, as seen from the material available on record and the instructions submitted by learned Standing Counsel, in pursuance of Exs.P2 & P3, respondent No.4 issued a show-cause notice on 24.12.2024 and the petitioner submitted an explanation on 30.12.2024, through a registered post. The instructions further disclose that the inquiry will be conducted as per the Policy. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondents 5 & 6 not to interfere with the petitioner’s discharging duties as Field Assistant, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 11.02.2025 TVN SRS,J W.P.No.2960 of 2025 278 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.2960 OF 2025 Date : 11.02.2025 TVN