APHC010666442025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: Between: 1. THOTA SIVARAMA KRISHNA, S/O SAMBAIAH, AGED ABOUT 45 YEARS, R/O D.NO. 1 MANDAL, GUNTUR DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVT PANCHAYAT RAJ AND VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT PROGRAM COORDINATOR, COORDINATOR OF MGNREGS, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI 4. THE PROJECT DIRECTOR CUM ADDITIONAL DISTRICT COORDINATOR, MGNREGS, DISTRICT WATER MANAGEMENT AGENCY (DWMA), GUNTUR DISTRICT, GUNTUR. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER/PROGRAM OFFICER, MGNREGS, MANDAL PRAJA PARISHAD, MANDAL, GUNTUR DISTRICT. 6. KOLLIMARLA GRAM PA NAGULAPADU VILLAGE, PEDANANDIPADU MADNAL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34533/2025 THOTA SIVARAMA KRISHNA, S/O SAMBAIAH, AGED ABOUT 45 NO. 1-61A, KOLLIMARLA VILLAGE, GUNTUR DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVT PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR AND DISTRICT PROGRAM COORDINATOR, COORDINATOR OF MGNREGS, GUNTUR IONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. THE PROJECT DIRECTOR CUM ADDITIONAL DISTRICT COORDINATOR, MGNREGS, DISTRICT WATER MANAGEMENT AGENCY (DWMA), GUNTUR DISTRICT, GUNTUR. THE MANDAL PARISHAD DEVELOPMENT OFFICER/PROGRAM OFFICER, MGNREGS, MANDAL PRAJA PARISHAD, MANDAL, GUNTUR DISTRICT. KOLLIMARLA GRAM PANCHAYAT, REP.BY ITS SECRETARY, VILLAGE, PEDANANDIPADU MADNAL IN THE HIGH COURT OF ANDHRA PRADESH [3460] TWENTY NINETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY THOTA SIVARAMA KRISHNA, S/O SAMBAIAH, AGED ABOUT 45 61A, KOLLIMARLA VILLAGE, KAKUMANU ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVT RURAL DEVELOPMENT, SECRETARIAT, THE DISTRICT COLLECTOR AND DISTRICT PROGRAM COORDINATOR, COORDINATOR OF MGNREGS, GUNTUR IONER, PANCHAYAT RAJ AND RURAL , GUNTUR DISTRICT. THE PROJECT DIRECTOR CUM ADDITIONAL DISTRICT COORDINATOR, MGNREGS, DISTRICT WATER MANAGEMENT THE MANDAL PARISHAD DEVELOPMENT OFFICER/PROGRAM OFFICER, MGNREGS, MANDAL PRAJA PARISHAD, KAKUMANU NCHAYAT, REP.BY ITS SECRETARY, VILLAGE, PEDANANDIPADU MADNAL GUNTUR 2 ...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 order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th Respondent in issuing the impugned proceedings vide Rc.No.111/FASM/2023, dated 22-11- 2025, temporarily cancelling the contract and disengaging the petitioner from service as Field Assistant, Kollimarla Village, as illegal, arbitrary, unconstitutional, violative of Articles 14, 16 and 21 of the Constitution of India, contrary to the MGNREGS Guidelines, the principles of natural justice and set aside the impugned proceedings, dated 22-11-2025 and consequently direct the respondents to forthwith restore the petitioner to duty as Field Assistant, Kollimarla Gram Panchayat, with all consequential benefits and to 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 to direct the Respondents to reinstate the petitioner into service forthwith as Field Assistant at Kollimarla Gram Panchayat under NREGS by suspend the operation of the impugned proceedings vide Rc.No.111/FA SM/2023, dated 22-11-2025 issued by the 4th Respondent, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34533 of 2025 ORDER: The present writ petition is filed questioning the action of the 4th Respondent in issuing proceedings in Rc.No.111/FASM/2023, dated 22.11.2025, temporarily cancelling the contract and disengaging the Petitioner from service as Field Assistant, Kollimarla Village as arbitrary and illegal. 2. The facts leading to the filing of the case are as follows: The Petitioner was working as Field Assistant in Kollimarla Gram Panchayat, Pedanandipadu Mandal from 06.05.2007 and on a complaint given by the villagers, enquiries were conducted and proceedings vide Rc.No.111/FASM/2023, dated 22.11.2025 were issued temporarily cancelling the contract and disengaging the Petitioner from service as Field Assistant and also issued show cause notice dated 22.11.2025 to submit explanation within seven days. After receipt of notice, Petitioner submitted his explanation dated 28.11.2025, denying the allegations, to the 4th Respondent. 3. It is the contention of the learned counsel for the Petitioner that as the enquiry proceedings were not concluded within the time specified in Clause 13 (B)(5) of the Field Assistants Human Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The learned counsel also relied on an order 4 passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No.16643 of 2025. 4. Learned Standing Counsel Sri M.S.R.Chandra Murthy, submits that the enquiry is going on and the same would be concluded within three weeks. The further contention is that the guidelines are not statutory and even otherwise, no consequence is stated for non-compliance of the time frame of 30 days and therefore, the same cannot be said to be mandatory. The maintainability of the writ petition was also urged as the nature of job of the Petitioner is akin to Labour. 5. Having heard the respective counsel, this Court, without going into the issues urged by the Respondent counsel, is inclined to dispose of the writ petition in terms of W.P.No.16643 of 2025 with a direction to the 4th Respondent to reinstate the Petitioner into service and conclude the enquiry after providing due opportunity of hearing to the Petitioner within a period of three (3) weeks from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 29.12.2025 MDP