IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) A FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4471 OF 2025 AMARAVATI Between: V.Subrahmanyam, S/o. Yaddeppa, Aged Allapalli Gram Panchyat, Baireddypalle Mandal, Chittoor 44 years, Moganapalli Village, District. ...PETITIONER vanD 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 Chittoor District, Andhra Pradesh. 4. The Additional District Programme Co-Ordinator Management Agency (DWMA), Chittoor District, Andhra Pradesh. 5. The Mandal Parishad Development Officer/Programm MGNREGS. Baireddypalli Mandal, Chittoor District. 6. The Assistant Project Officer (M & E), District Water Agency (DWMA) Chittoor District, Andhra Pradesh. Management Agency (DWMA) District Water Officer, Management ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the' affidavit filed therewith, the High Court ^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 may i as Field Assistants for % Mahatma Gandhi National (MGNREGS), Baireddypalle Mandal, Rural Employment Guarantee Scheme Chittoor District without there being any remarks from any corner as well as not paying the salaries to the petitioner as illegal, arbitrary, viojative of consequently direct the respondents to continue the Assistant by paying the salaries. principles of natural justice and petitioner as a Field lA NO: 1 OF ?n9fi Petition under Section 151 circumstances stated in the affidavit filed i Court may be pleased to direct the CPC is filed praying that in the in support of the petition, the High 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'A-UPENDRA SRI k:raghu veer Counsel for the Respondent Nb;f:'SRI S.RAJU, representing ASST.GP FOR SERVICES-IV Counsel for the Respondent Nos.2, 3,4 & 6: M/s. P.REVATHI. representing SRI M.S.R.CHANDRA MURTHY, SC FOR DWMA Counsel for the Respondent No.6: SMT. B.V.APARNA LAKSHMI, SC FOR MGNREGS The Court made the following: ORDER 4'-- APHC010084992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4471/2025 Between: % ...PETITIONER V Subrahmanyam AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KRAGHU VEER Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: ORDER The above writ petition is filed complaining high-handed action of respondents 4 to 6 in not allowing the petitioner to discharge the duties as Field Assistant for MGNREG Scheme at Allapalli Gram Panchayat, Baireddypalle Mandal, Chittoor District. Heard Sri A.Upendra, learned counsel representing Sri K.Raghuveer, learned counsel for the petitioner, S.Raju, learned 2. i Assistant Government Pleader for Services P.Revathi, learned counsel for 1 respondent, Sri representing Sri M.S.R.Chandra Murthy, learned standing counsel for respondents 2, 3,4 & 6 and Smt.B.V.Aparna Lakshmi, learned standing counsel for respondent. 3. Learned counsel for the petitioner would submit that the petitioner was appointed as Field Assistant on 02.05.2016 (Ex.P1) and since then he has been discharging the duties. The S'" respondent issued notice Vide R.O.C.No.4/2024 dated 24.07.2024 (Ex.P2) stating that the petitioner has not been attending the duties from 05.07.2024. petitioner submitted an explanation dated 02.08.2024, however, of the explanation is not filed along with the writ petition. He would also submit that the petitioner has been attending the duties office and signing in daily book. The respondent authorities The the copy regularly to the changed his D-muster PIN and did not give MCC musters. He would submit that earlier the petitioner filed W.P.No.22639 of 2024 along with others and later withdrew the same, with the liberty to file a fresh writ petition. 4. Per contra, learned standing counsel for respondents 2 to 4 & 6 submitted the written instructions of the 3^^^ respondent mentioned that neither the 3'^' respondent nor the respondents 4 to 6 insisted the petitioner to resign. The petitioner himself is not attending the duties. The salary of the petitioner was paid up to June, 2024. wherein it was 5. Thus, as seen from the affidavit and instructions of the 3''’^ respondent, there is no dispute regarding the petitioner’s appointment as Field Assistant vide Ex.P1. The contention of the petitioner that respondents 4 to 6 are not allowing the petitioner to discharge the duties without issuing any notice was refuted by the 3^^" respondent. It is a disputed question of fact, normally, this Court will not interfere while exercising jurisdiction under Article 226 of the Constitution of India. 6. At the hearing, learned standing counsel would submit that if the petitioner attends duties, the respondents will not obstruct the petitioner from discharging the duties. Given the facts and circumstances of the case, without touching the merits of the case, the Writ Petition is disposed of at the admission stage with the consent of both the counsel directing the respondents 4 to 6 not to interfere from discharging his duties as Field Assistant, Allapalli Gram Panchayat, Baireddypalle Mandal, Chittoor District, without following due process of law. No costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- B CHITTI JOSEPH assistant REGISTRAR ^ ikr SECTION OFFICER //T^UE COPY// To, of Rural Development State of 2 The N District ' 2. The District Coilector, Chittoor, Chittoor District J. The Project Director, District Water Chittoor District, Andhra Pradesh. 4. The Additional District Programme Co-Ordinator District Water 5 ® District. Andhra Sesh MGNREGS Ra?" hh'’ Officer/Programm SS 7. One CC to Sri K.Raghu Veer, Advocate [OPUC] 9 One C?to°Sri m'°S I “'^"''rira Pradesh. [OUT] 10 One CC n for DWMA. [OPUC] 1i:?hree CD Copies SC for MGNREGS. [OPUC] Management Agency (DWMA) gi ' H' HIGH COURT DATED:21/02/2025 ORDER WP.No.4471 of 2025 ^ 1! MAR 2025 I ^ . Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS