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2025 DAILYLAW 8548 (AP)

PALLI VARAHALA BABU v. The State of Andhra Pradesh

WP/5131/2025 · 2025-03-03

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH j TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5131 OF 2Q2fi Between: Palh Varahala Babu, S/o Palli Nookaraju, aged 38 years, Field Assistant Residirig at Mallu Bhupalapatnam Gram Panchayathi, Nathavaram Mandal, Anakapalli District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayath Raj and Rural Development Department A P Secretariat Velagapudi Amaravathi Andhra Pradesh. 2. The District Collector, MGNREGA Scheme Anakapalli District. 3. The Project Director Primary Authority, District Water Management Agency, Anakapalli District. 4. The Mandal Parishad Development Officer, Mandal Praja Parishad Nathavaram Mandal Anakapalli District. 5. Assistant Project Manager M and E, Anakapalli District. ^ ofslric?^^ Program Officer, DWMA Nathavaram Mandal Anakapalli ...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 issued by the respondent no.3 vide impugned proceedings No.R.C.No.91/2024/Huma n Resource Department Dated may 07.01.2025, as illegal, arbitrary, 15, 16 and 21 of natural justice and to unreasonable, null and void opposed to articles-14 Constitution of India violative of principles of consequently set aside the proceedings issued by the respondent no.3 vide R.C.No.91/ 2024/Human Resource Department Dated 07.01.2025 by continuing me as Field Assistant, Mallugopalapatnam Gram Panchayathi, Nathavaram Mandal, Anakapalli District in accordance with law. 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 proceedings vide R.C.No.91/2024/Human Resource Department Dated:07.01.2025 issued by the respondent and consequently direct the respondents to reinstate me into service, pending disposal of the main writ petition. Counsel for the Petitioner: M/s POOLLA SRAVANTH Counsei for the Respondent No.1: GP FOR SERViCES -1 Counsel for the Respondents 2, 3, 5 & 6: SRI M.S.R.CHANDRA MURTHY Counsel for the Respondent No.4: SRI G. SRINIVASULA REDDY, SC for MPDO The Court made the following order: APHC010092352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5131/2025 Between: Palli Varahala Babu ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.POOLLASRAVANTH Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: ORDER: ...RESPONDENT(S) The present writ petition is filed questioning the proceedings of the respondent No.3, dated 07.1.2025, by which, petitioner’s services have been terminated, is arbitrary and illegal and in violation of principles of natural justice besides being contrary to Articles 14,15, 16 and 21 of Constitution of India. Heard Shaik Raji, learned counsel, representing Sri.Poolla Sravanth, learned counsel for the petitioner; Learned Government a 2 Pleader for Services-I for respondent No.1, Sri.M.S.R Chandramurthy, learned Government Pleader for respondent Nos.2, 3, 5 and 6 and Sri.G.Srinivasula Reddy, learned standing counsel for respondent No.4. 3. The petitioner has been appointed and working as field assistant with respondent No.3 on contractual basis. Upon receiving certain complaints against the petitioner, he was issued a show case notice and after considering the explanation and conducting enquiry by impugned proceedings, dated 07.01.2025, services of the petitioner have been terminated. It is stated that aggrieved by the said order petitioner has preferred an appeal before the respondent No.2 on 30.01.2025 and the same is pending for consideration. The impugned proceedings dated 07.01.2025 by which petitioner’s services have been terminated, being appealable; petitioner has already filed an appeal before the respondent No.2 on 30.01.2025 which is stated to be pending. Since the petitioner has already availed alternative remedy of appeal, this Court considers that it would suffice to dispose of the present writ petition with a direction to the respondent No.2 to decide the appeal filed by the petitioner within a period of two (2) months from the date of receipt of the order of this Court. 4. With the above observations, the writ petition is disposed of. No costs. 3 % As a sequel, miscellaneous petitions, if any, pending shall stand closed. SD/- K TATA RAO deputy register (^^FFICER //TRUE COPY// SECT To, The Principal Secretary, Panchayath Raj and Rural Development Department, State of Andhra Pradesh, A P Secretariat Velagapudi Amaravathi Andhra Pradesh. The District Collector, MGNREGA Scheme Anakapalli District. The Project Director Primary Authority, District Water Management Agency, Anakapalli District. The Mandal Parishad Development Officer, Mandal Praja Parishad Nathavaram Mandal Anakapalli District. The Assistant Project Manager M and E, Anakapalli District. The Assistant Program Officer, DWMA Nathavaram Mandal Anakapalli District. 1. 2. 3. 4. 5. 6. One CC to M/s Poolla Sravanth, Advocate [OPUC] One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS [OPUC] One CC to Sri G. Srinivasula Reddy, SC for MPDO [OPUC] Two CCs to GP for Services -1, High Court of Andhra Pradesh. 7. 8. 9. 10. [OUT] 11. Two CD Copies RAM RAM HIGH COURT DATED:03/03/2025 ofANO^ ORDER 12 MAR 2C25 a: WP.No.5131 of 2025 . Current Sectio: DISPOSING OF THE WP WITHOUT COSTS