Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 7409 (AP)

Kare Jyothi, v. The State of Andhra Pradesh

WP/4106/2025 · 2025-02-25

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT \ THE HONOURABLE SRI JUSTICE SUBBA REDDY SAT WRIT PETITION NO: 4106 OF 2025 o u f > V / I Between: Kare Jyottii, W/o. Somaraju, Aged 39 years, Occ Field Assistant germinated) R/o. D.No.3-101/1, Ramalayam Veedhi, Chollangipet Gram Panchayat, Tallarevu Mandal, Kakinada District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary to Government, Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector and DAC, MGNREGS, Kakinada District at Kakinada. Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Kakinada District at Kakinada. 4. The Additional Project Director (DWAMA), Panchayat Raj and Rural Development Department, Kakinada Cluster, Kakinada District. Parishad Development Officer-cum- Programme Officer of MGNREGS, Mandal Praja Parishad, Tallarevu Mandal, Kakinada 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 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in Rc.No. H.R/08/EGS/DWAMA/2024, dt. 27.01.2025 issued by the 3rd respondent, thereby removing petitioner from the post of Field Assistant conducting proper enquiry and opportunity of hearing to her and may without on incorrect appreciation of facts and law, as illegal, irregular, irrational violative of principles of natural justice, settled principles of jurispcudende and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to reinstate petitioner into service in the post of Field Assistant with all consequential benefits. service lA NOr 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 Proceedings in H.R/08/EGS/DWAMA/2024, dt. 27.01.2025 issued by the 3rd respondent and consequently direct the respondents to reinstate petitioner into service as Filed Assistant with all consequential benefits, pending disposal of the main Writ Petition. Rc.No. Counsel for the Petitioner: SRI KONDEPUDI RAJABABU Counsel for the Respondent No.1: GP FOR SERVICES - IV Counsel for the Respondents No.2 to 4: SRI M.S.R. CHANDRA MURTY, SC for MGNREGS Counsel for the Respondent No.5: SRI G. SRINIVASULA REDDY, SC for MPDO The Court made the following order: APHC010075052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) lU [3331] TUESDAY THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4106/2025 Between: \ Kare Jyothi, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner; 1.KONDEPUDI RAJABABU Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following ORDER: The above writ petition is filed impugning the proceedings vide R.C.NO.H.R/08/EGS/DWAMA/2024, dated 27.01.2025 issued by the 3'^ respondent whereby the petitioner was permanently removed from service. At the hearing, Sri S.Rajasekhar, learned counsel representing Sri K.Rajababu, learned counsel for the petitioner would submit that against the proceedings impugned, an appeal would lie to the 2"^^ respondent-District collector and seek liberty to file an appeal before the District Collector. 2. Sri M S R Chandra Murthy, learned standing for respondents 2 to 4 and Sri G.Srinivasula Reddy, learned standing counsel for 5*^ respondent did not refute the said submission. 3. 2 4. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side giving liberty to the petitioner to file an appeal as per Clause 13 of Field Assistants Human Resource Policy, 2013 against the proceedings vide R.C.NO.H.R/08/EGS/DWAMA/2024, dated 27.01.2025 issued by 3^^^ respondent. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SDI- N NAGAMMA ASSISTANT REGISTRAR ^ECT^ .1 //TRUE COPY// OFFICER To, 1. The Principle Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector and DAC, MGNREGS, Kakinada District at Kakinada. The Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Kakinada District at Kakinada. 4. The Additional Project Director (DWAMA), Panchayat Raj and Rural Development Department, Kakinada Cluster, Kakinada District. The Mandal Parishad Development Officer-cum- Programme Officer of MGNREGS, Mandal Praja Parishad, Tallarevu Mandal, Kakinada District. 6. One CC to Sri Kondepudi Rajababu, Advocate [OPUC] 7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS [OPUC] 8. One CC to Sri G. Srinivasula Reddy, SC for MPDO [OPUC] 9. Two CCs to GP for Services - IV, High Court of Andhra Pradesh [OUT] 10. Three CD Copies 3. 5. RAM HIGH COURT DATED:25/02/2025 ORDER I" 17 MAR 2025 | . Current Section •^ WP.No.4106 of 2025 DISPOSING OF THE WP WITHOUT COSTS