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2025 DAILYLAW 6264 (AP)

K. Siva Gopi v. State of Andhra Pradesh

WP/3253/2025 · 2025-02-12

Subba Reddy Satti

body2025

Judgment text

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4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3253 OF 2025 Between: 1. K. Siva Gopi, S/o Anjaneyulu, Aged 32 years, Occ: Field Assistant, R/o Rupenagunta Gram Panchayat, Nagarikallu Mandal, Palnadu District, (Erstwhile Guntur District). 2. Aavula Sukanya, D/o Koteswara Rao, Aged 23 years, Occ: Field Assistant, R/o Chejerla Gram Panchayat, Nagarikallu Mandal, Palnadu District, (Erstwhile Guntur District). 3. Nagothu Mery Vasantha Kumari, W/o Innaiah, Aged 43 years, Occ: Field Assistant, R/o Thurakapalem Gram Panchayat, Nagarikallu Mandal, Palnadu District, (Erstwhile Guntur District). 4. Palnati Chennakesavulu, S/o Pedda Sambaiah Aged 35 years, Occ: Field Assistant, R/o Tripurapuram Gram Panchayat, Nagarikallu Mandal, Palnadu District, (Erstwhile Guntur District). ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj & Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector-cum- District Programme Coordinator of MGNREGS Narasaraopeta, Palnadu District - 522601. 3. Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Narasaraopeta, Palnadu District - 522601. ▲ 4. Mandal Parishad Development Officer-cum- Programme Officer of MGNREGS, Mandal Praja Parishad, Nagarikallu Mandal, Palnadu District - 522615. 5. Additional Programme Officer (APO), MGNREGS, O/o Mandal Parishad Development Officer, Mandal Praja Parishad, Nagarikallu Mandal, Palnadu District - 522615. ...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 Memo dt. 09.01.2025 in Rc.No.01/2025/MGNREGS issued by the 4^^ respondent and the action of the respondents 2 to 5 in not continuing and allowing the petitioners to discharge their duties as Field Assistants working in respective Gram Panchayats in Nagarikallu Mandal of Palnadu District, without there being any suspension or termination orders, as illegal, arbitrary, violative of the provisions of Field Assistants Human Resource Policy and Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently set aside the Memo dt. 09.01.2025 and further direct the respondents 2 to 5 to continue and allow the petitioners to discharge their duties as field assistants working in their respective gram panchayats in Nagarikallu Mandal of Palnadu District. 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 operation of Memo dt. 09.01.2025 in Rc.No.01/2025/MGNREGS issued by the 4**^ respondent and also direct the respondents 2 to 5 to continue and allow the petitioners to discharge their duties as field assistants working in their respective gram panchayats in Nagarikallu Mandal of Palnadu District, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR SERVICES-IV Counsel for the Respondent Nos.2, 3 & 5: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.4: SRI G.SRINIVASULA REDDY, SC FOR MGNREGS The Court made the following: ORDER > APHC010057702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3253/2025 Between: I.K. SIVA GOPI, S/0 ANJANEYULU, AGED 32 YEARS. OCC FIELD ASSISTANT R/0 RUPENAGUNTA GRAM NAGARIKALLU MANDAL, PALNADU DISTRICT. GUNTUR DISTRICT). PANCHAYAT, (ERSTWHILE 2.AAVULA SUKANYA,, D/0 KOTESWARA RAO, AGED 23 YEARS, OCC FIELD ASSISTANT, R/0 CHEJERLA GRAM PANCHAYAT, NAGARIKALLU MANDAL, PALNADU DISTRICT, (ERSTWHILE GUNTUR DISTRICT). 3.NAGOTHU MERY VASANTHA KUMARI,, W/0 INNAIAH, AGED 43 YEARS, OCC FIELD ASSISTANT, R/0 THURAKAPALEM GRAM PANCHAYAT, NAGARIKALLU MANDAL, PALNADU DISTRICT, (ERSTWHILE GUNTUR DISTRICT). 4.PALNATI CHENNAKESAVULU,, S/0 PEDDA SAMBAIAH AGED 35 YEARS, OCC FIELD ASSISTANT, R/0 TRIPURAPURAM GRAM PANCHAYAT, NAGARIKALLU MANDAL, PALNADU DISTRICT, (ERSTWHILE GUNTUR DISTRICT). ...PETITIONER(S) AND ESTATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. PRINCIPAL SECRETARIAT, VELAGAPUDI, K SRS,J W.P.No.3253 of 2025 2. DISTRICT COLLECTORCUM COORDINATOR OF MGNREGS, NARASARAOPETA, PALNADU DISTRICT- 522601. DISTRICT PROGRAMME 3. PROJECT DIRECTORCUMADDITIONAL DISTRICT PROGRAMME COORDINATOR OF MGNREGS, DISTRICT WATER MANAGEMENT AGENCY, NARASARAOPETA, PALNADU DISTRICT - 522601. 4.MANDAL PARISHAD DEVELOPMENT OFFICERCUM PROGRAMME OFFICER OF MGNREGS, MANDAL PRAJA PARISHAD, NAGARIKALLU MANDAL, PALNADU DISTRICT - 522615. 5.ADDITIONAL PROGRAMME OFFICER APO, MGNREGS, MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, NAGARIKALLU MANDAL, 522615. 0/0 PALNADU 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Memo dt. 09.01.2025 in Rc.No.01/2025/MGNREGS issued by the 4th respondent and the action of the respondents 2 to 5 in not continuing and allowing the petitioners to discharge their duties as Field Assistants working in respective Gram Panchayats in Nagarikallu Mandal of Palnadu District, without there being any suspension or termination orders, as illegal, arbitrary, violative of the provisions of Field Assistants Human Resource Policy and Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently set aside the Memo dt. 09.01.2025 and further direct the respondents 2 to 5 to continue and allow the petitioners to discharge their duties as field assistants working in their respective gram panchayats in Nagarikallu Mandal of Palnadu District 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 operation of Memo dt. 09.01.2025 in Rc.No.01/2025/MG NREGS issued by the 4th respondent and also direct the respondents 2 to 5 to continue and allow the petitioners to discharge their duties as field assistants K SRS.J W.P.No.3253 of 2025 working in their respective gram panchayats in Nagarikallu Mandal of Palnadu District, pending disposal of the main Writ Petition Counsel for the Petitioner(S): 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: Heard Sri Srinivas Ambati, learned counsel for the petitioners and Sri M.S.R. Chandra Murthy, learned Standing Counsel appeared for respondents 2, 3 & 5 and Sri G. Srinivivasula Reddy, learned Standing Counsel appeared for respondent No.4. V The petitioners, four in number, were appointed as Field Assistants under MGNREGS, on different dates, in different Gram Panchayats and have been discharging duties. After the change of the Government, respondents 4 & 5 are not allowing the petitioners to discharge duties as Field Assistants. The petitioners made a representation dated 07.01.2025 (Ex.P2) to respondent No.3 and another representation dated 09.01.2025 (Ex.P3) to respondent No.2, complaining that respondents 4 & 5 are not allowing the petitioners to discharge duties. Respondent No.4 issued a memo vide R.C.No.OI/2025/MGNREGS, dated 09.01.2025 (Ex.P4) and directed the petitioners to submit an explanation. The petitioners submitted an explanation dated 10.01.2025 (Ex.P5), by registered post. However, the authority refused to receive the same. 2. 3. Sri M.S.R. Chandra Murthy, learned Standing Counsel submitted the instructions of respondent No.3, wherein it would contend that the petitioners SRS,J W.P.No.3253 of 2025 have not attended to the duties from the last three months and necessary action will be initiated as per the Field Assistant Human Resource Policy, 2013. He also would submit that if the petitioners attend the duty, respondents will not interfere with the petitioners discharging duties. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission, with the consent of both the learned counsel, directing respondents 4 & 5 not to interfere with the petitioners’ discharging duties, without following due process of law. No order as to costs. 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary to Government, Panchayat Raj & Rural Development Department, State of Andhra Pradesh Secretariat Velagapudi, Amaravati, Guntur District. 2. The District Collector-cum- District Programme Coordinator of MGNREGS, Narasaraopeta, Palnadu District - 522601. 3. The Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Narasaraopeta, Palnadu District - 522601. 4. The Mandal Parishad Development Officer-cum- Programme Officer of MGNREGS, Mandal Praja Parishad, Nagarikallu Mandal, Palnadu District - 522615. (BY RPAD) 5. The Additional Programme Officer (APO), MGNREGS, O/o Mandal Parishad Development Officer, Mandal Praja Parishad, Nagarikallu Mandal, Palnadu District - 522615. (BY RPAD) 6. One CC to Sri SrinivasAmbati, Advocate[OPUC] 7. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri M.S.R.Chandra Murthy, SC for MGNREGS. [OPUC] 9. One CC to Sri G.Srinivasula Reddy, SC for MGNREGS. [OPUC] Three CD Copies. j 10. HIGH COURT DATED:12/02/2025 ORDER WP.No.3253 of 2025 g 15 MAR 2025 I ^ . Current Section . O DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS