Extracted from the PDF above. The PDF is authoritative.
APHC010086972025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4482/2025 Between: J. Vannuraswami, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. N ASWARTHA NARAYANA Counsel for the Respondent(S):
1. GP FOR SERVICES IV The Court made the following ORDER:
Heard Sri N.Aswartha Narayana, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for 1st respondent, Sri M S R Chandra Murthy, learned standing counsel for respondents 2 to 4 and Smt.B.V.Aparna Lakshmi, learned counsel for 5th respondent.
2. The above writ petition is field to declare the action of the 4th respondent in issuing the proceedings vide Rc.No.232/DVC-ATP/2025 dated 25.01.2025
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whereby terminated the petitioner from the post of Field Assistant, as illegal and arbitrary.
3. The petitioner was appointed as a Field Assistant in Pillalapalli Village, Brahmasamudram Mandal, Ananthapur District in the year 2010 and has been discharging his duties. The social Inspection team submitted a report dated 06.12.2024 to the 4th respondent. The same was forwarded to the 3rd respondent. Thereafter, the District Collector issued a note order dated
10.01.2025. Acting upon the note orders of the learned District Collector, 4th respondent without adhering to the procedure mandated under Field Assistants Human Resource Policy, 2013, terminated the contract of the petitioner permanently vide Rc.o.232/DVC-ATP/2025, dated 25.01.2025 (Ex.P.1).
4.
Learned counsel for the petitioner would submit that without adhering to the procedure as mandated under Clause-13 of Field Assistant Human Resource Policy, 2013, the 4th respondent issued the proceedings impugned and hence, the same is liable to be set aside.
5. Sri M.S.R.Chandramurthy, learned Standing counsel would fairly submit that while issuing the proceedings impugned, the 4th respondent failed to follow the procedure as mandated under clause 13 of FAHRP, 2013.
6. Clause-13 of the Field Assistants Human Resource Policy, 2013 (for short “FAHRP-2013”) mandates the issuance of show-cause notice,
consideration of explanation and providing an opportunity for personal hearing and thereafter passing final orders.
7. In the case at hand, the procedure mandated under Clause-13 of FAHRP-2013 has been given a go-by. Thus, the order impugned is liable to be set aside.
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8. Accordingly, The writ petition is allowed setting aside the proceedings impugned vide Rc.o.232/DVC-ATP/2025, dated 25.01.2025 (Ex.P.1). The learned 4th respondent shall continue the petitioner as Field Assistant.
However, this order will not preclude the authorities from initiating necessary action in terms of FAHRP, 2013. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ SUBBA REDDY SATTI, J
Dated: 25.02.2025 KA
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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 4482/2025
Dated: 25.02.2025 KA