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2025 DAILYLAW 7860 (AP)

T SUBRAMANYAM v. The State of Andhra Pradesh,

WP/4301/2025 · 2025-02-18

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ^\ -P “H# ij 7,1 * o PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4301 OF 2025 Between: T Subramanyam, S/o. T. Munivenkatappa, Aged about 44 years, R/o. Golla Cheemalapalli Baireddypalle Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Rural Development, Secretariat, Velgapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Chittoor, Chittoor District. 3. The Project Director, District Water Management Agency (DWMA), Chittoor District, Andhra Pradesh. 4. The Additional District Programme Co-Ordinator, District Water Management Agency (DWMA), Chittoor District, Andhra Pradesh. 5. The Mandal Parishad Development Officer Programm Officer MGNREGS, Baireddypalli Mandal, Chittoor District. 6. The Assistant Project Officer (M and E), District Water Management Agency (DWMA) Chittoor District, Andhra Pradesh. ...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 an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondents in not allowing the petitioner to discharge his duties as Field Assistants for Mahatma Gandhi Natroqal > Rural Employment Guarantee Scheme (MGNREGS), Baireddypalle Mandal, Chittoor District without there being any remarks from any corner as well as not paying the salaries to the petitioner as illegal, arbitrary, violative of principles of natural justice and consequently direct the respondents to continue the petitioner as a Field Assistant by paying the salaries. 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 direct the respondents to continue the petitioner as a Field Assistant by paying the salaries, forthwith, pending disposal of the above Writ Petition. . Counsel for the Petitioner: SRI K RAGHU VEER Counsel for the Respondent Nos. 1: GP FOR SERVICES I Counsel for the Respondent Nos. 2 to 4, 6: SRI M S R CHANDRA MURTHY SC FOR MGNREGS : Counsel for the Respondent No.5-SMT. B. APARNA LAKSHMI The Court made the following order:' \ APHC010081782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4301/2025 Between: T Subramanyam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.KRAGHU VEER Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following ORDER: Heard Smt.Y.Maha Lakshmi, learned counsel representing Sri K.Raghu Veer, learned counsel for the petitioner, Sri M S R Chandra Murthy, learned standing counsel for the respondents 2, 3, 4 & 6, Sri S.Raju, learned Assistant Government Pleader for Services-I for 1®* respondent and Smt.B.Aparna Lakshmi, learned standing counsel for respondent. } The petitioner. Field Assistant under MGNREGS scheme, Gollachimanapally Gram Panchayat, Baireddypalle Mandal, Chittoor District, filed the above writ petition to declare the action of respondents in not allowing the petitioner to discharge his duties as Field Assistant, as illegal and arbitrary. 2. « \ 2 Learned counsel for the petitioner would submit that the petitioner was appointed as Field Assistant by proceedings Roc.No.NREGS-AP/BRP/ 11/07 dated 01.12.2007 (Ex.P.1). Since the date of appointment, the petitioner has been discharging his duties as Field Assistant without any remarks. The 5 respondent-MPDO issued notice vide Roc.No.4/2024 dated 24.07.2024 (Ex.P.2) directing the petitioner to submit his explanation within three days. The petitioner submitted an explanation dated 02.08.2024 (Ex.P.3). Since respondents 3 to 6 are not allowing the petitioner to discharge his duties as Field Assistant without passing any order, the above writ petition is filed. Learned standing counsel, on instructions of the 3''* respondent, would submit that respondents 3 to 6 are not interfering with the petitioner’s discharging duties as Field Assistant. The salary was in fact, paid to the petitioner till June, 2024. Learned standing counsel would submit that if the petitioner attends the duties, the respondents 3 to 6 will not interfere with the petitioner’s discharging duties. Given the facts and circumstances of the case and considering the submissions of learned standing counsel, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the respondents 3 to 6 not to interfere with the petitioner’s discharging duties as Field Assistant, Gollachimanapally Gram Panchayat Baireddypalle Mandal, Chittoor District, without following due process. No order as to costs. 3. th 4. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// / ON OFFICER SE To, 1. The Principal Secretary, Department of Rural Development, State of Andhra Pradesh, Secretariat, Velgapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Chittoor, Chittoor District. 3. The Project Director, District Water Management Agency (DWMA) Chittoor District, Andhra Pradesh. 4. The Additional District Programme Co-Ordinator, District Water Management Agency (DWMA), Chittoor District, Andhra Pradesh. 5. The Mandal Parishad Development Officer Programm Officer MGNREGS, Baireddypalli Mandal, Chittoor District. 6. The Assistant Project Officer (M and E), District Water Management Agency (DWMA) Chittoor District, Andhra Pradesh. 7. One CC to Sri K Raghu Veer Advocate [OPUC] 8. One CC to Sri M S R Chandra Murthy SC for MGNREGS [OPUC] 9. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 10. One CC to SMT. B APARNA LAKSHMI, Advocate [OPUC] 11. Three CD Copies GSC HIGH COURT DATED: 18/02/2025 ORDER WP.No.4301 of 2025 5 15 mar 2025 I Current Section . DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS