APHC010093742025 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: 4849/2025 Between: 1. K.S. ASHASSAN, S/O PEDASAIDA, AGED 47 YEARS, OCC. FIELD ASSISTANT (MGNREGS) AT REDDIGUDEM GRAMA PANCHAYATH, R/D.NO.1-82, CHINNA MAZID CENTRE, REDDIGUDEM VILLAGE AND GRAMA PANCHAYATH, RAJUPALEM MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTORCUMDISTRICT PROGRAM COORDINATOR, MGNREGS, AT NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 3. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), AT NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 4. THE ASSISTANT PROJECT DIRECTOR APD OF MGNREGS, TALUK OFFICE CENTRE, MAIN ROAD, SATTENAPALLI, PALNADU DISTRICT, ANDHRA PRADESH. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICERCUMPROGRAMME OFFICER OF MNRGS, RAJUPALEM 2 MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 6. THE REDDIGUDEM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY RAJUPALEM MANDAL, PALNADU DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): 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 may be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents, more particularly the Respondent No.5/MPDO herein in not allowing me to discharge my duties as Field Assistant, for MGNREGS, Reddigudem Grama Panchayath, Rajupalem Mandal, Palnadu District, Andhra Pradesh without assigning any valid reason and there being any remarks from any corner as illegal, arbitrary and principles of natural justice and also oppose to Article 14, 19 and 21 of the constitution of India and consequently, direct the Respondent No.5/MPDO to allow the petitioner to discharge his duties as Field Assistant, for MGNREGS, Reddigudem Grama Panchayath, Rajupalem Mandal, Palnadu District, Andhra Pradesh and to pass IA 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 may be pleased to direct the Respondent No.5/MPDO herein to allow the petitioner to discharge duties as Field Assistant, for MGNREGS, Reddigudem Grama Panchayath, Rajupalem Mandal, Palnadu District, Andhra Pradesh pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAJA SEKHAR SYKAM Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 3 :: ORDER :: Heard Sri Sykam Rajasekhar, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services appearing for 1st respondent, Sri M.S.R. Chandra Murthy, learned Standing counsel for respondents 2 to 4 and Sri G.Srinivasulu, learned Standing counsel for respondents 5 and 6. 2. Petitioner was appointed as Field Assistant under MGNREG Scheme vide Rc.No.2 of 2010, dated 21.01.2007 (Ex.P1), and has been discharging duties. Be that as it may, the 5th respondent issued notice vide Rc.No.01/EGS/2024/Rajupalem, dated 28.12.2024 (Ex.P5) to the petitioner calling upon him to submit an explanation. Petitioner submitted representation dated 02.01.2025 (Ex.P6), requesting additional time to submit a proper explanation. Thereafter, the 3rd respondent issued a show cause notice vide R.C.No.9/Disciplinary F/S.M/H-R, dated 17.01.2025 (Ex.P7). Petitioner submitted an explanation dated 23.01.2025 (Ex.P8). 3. Learned counsel for the petitioner would submit that the respondents 3 to 5 are not allowing the petitioner to discharge duties as Field Assistant. 4. Learned Standing counsel submitted instructions of Project Director, DWMA, Palnadu vide Rc.No.9/Disciplinary/FA/HR, dated 24.02.2025 and would contend that in pursuance of show cause notice vide R.C.No.9/Disciplinary F/S.M/H-R, dated 17.01.2025 (Ex.P7), petitioner submitted explanation and thereafter personal hearing was conducted on 23.01.2025 and the petitioner attended inquiry. The respondents 3 to 5 have not interfered with the petitioner’s discharge of duties. He would also submit that the 3rd respondent will pass appropriate orders strictly by following the Field Assistant Human Resource Policy, 2013. 5. Given the facts and circumstances of the case coupled with the instructions furnished by the Project Director, DWMA, Palnadu, the Writ 4 Petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing respondents 3 to 5 not to prevent the petitioner from discharging duty as Field Assistant, Reddigudem Grama Panchayath, Rajupalem Mandal, Palnadu District, without following due process. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 25.02.2025 SNI 5 193 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.4849 of 2025 Dated: 25.02.2025 SNI