APHC010471402021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28631 OF 2021 Between: 1. SMT. J. SHOBHA RANI,, W/O.D.VENKATA SIVA KUMAR AGED ABOUT 47 YEARS, OCC- ADMINISTRATIVE OFFICER, BOLLAPALLI OFFICE OF THE MANDAL PRAJA PARISHAD, BOLLAPALLI R/O. GUNTUR, GUNTUR DISTRICT ...PETITIONER AND 1. CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD (ZPP) GUNTUR, GUNTUR DISTRICT. 2. SPECIAL OFFICER AND DIST COLLECTOR, ZILLA PRAJA PARISHAD (ZPP) GUNTUR, GUNTUR DISTRICT. 3. COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT TADEPALLI. 4. GOVT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT VELAGAPUDI,GUNTU ...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 tomay be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the respondents in not sanctioning compulsory wait for the period from 01- 04-2021 to 22-04-2021(22 days) and 31-07-2021 to 12-08-2021(13 days) to the Petitioner as illegal, arbitrary, unsustainable, unconstitutional and unfair and consequently direct the Respondents to sanction compulsory wait for the period 01-04-2021 to 22-04-2021(22 days) and 31-07-2021 to 12-08-2021(13 days) along with all consequential benefits to the Petitioner and pass such 2 other order orders as this Honble Court may deem fit and proper in the circumstances of the case. Main Prayer amended/substituted as per Court Order dated 02-03-2026 vide IA No.1 of 2026 in WP No.28631 of 2021. IA NO: 1 OF 2021 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 pleased to direct the first respondent to post me in a vacancy as Administrative Officer at ZPP, sanction of compulsory wait for the above period and pass IA NO: 1 OF 2026 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 amend the main prayer in W.P No. 28631 of 2021 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. OLD PRAYER For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring that the Petitioner is entitled for the post of ZPP, sanction of compulsory wait for the above period and consequently direct the first respondent to post me as an Administrative Officer at ZPP and pass such other order orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. AMENDED PRAYER For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the respondents in not sanctioning compulsory wait for the period from 01.04.2021 to 22.04.2021(22 days) and 31. 07.2021 to 12.08.2021(13 days) to the Petitioner as illegal, arbitrary, unsustainable, unconstitutional and unfair and consequently direct the Respondents to sanction compulsory wait for the period 01.04.2021 to 22.04. 2021(22 days) and 31.07.2021 to 12.08.2021(13 days) along with all consequential benefits to the Petitioner and pass Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. GP FOR SERVICES I 3. . 3 The Court made the following order: Heard Ms. Sodum Anvesha, learned counsel for the petitioner and learned Standing Counsel for the respondent Nos.1 & 2. 2. The petitioner while working as Administrative Officer in Zillla Praja Parishad, her parent department, was posted on deputation at the office of the Commissioner of Rural Development. After completion of three years of service on deputation, as vacancy arose in her parent Department - ZPP, she made a representation to the Commissioner, Rural Development, Tadepalli vide letter dated 09.03.2021 requesting to repatriate her to the parent Department. Acting on the said representation, she was repatriated to the parent Department on 31.03.2021 vide proceedings of the respondent No.3. Immediately on 01.04.2021, she has reported to her duties. However, the respondents have not issued any proceedings allowing her to join at ZPP. On 02.04.2021 she made representation to the respondent No.1 seeking posting orders at ZPP. The petitioner contends although proceedings dated 02.04.2021 were issued asking her to report at the office of the DWMA, Guntur the same were never communicated to the petitioner, on the other hand the same were dispatched belatedly on 16.04.2021. Soon after the dispatch of the said order, the Joint Commissioner, Rural Development Department has issued proceedings, dated 22.04.2021 cancelling the order of repatriation. On account of certain medical issues, the petitioner had applied leave on 23.04.2021 and continued up to 30.07.2021. 4 3. It is contended by the petitioner that challenging the proceedings of the Commissioner, Rural Development Department, dated 22.04.2021 cancelling repatriation of the petitioner to the parent department, the petitioner filed Writ Petition in WP.No.13344 of 2021. In the said Writ Petition the impugned proceedings were suspended directing the respondent to allow the petitioner to continue in the parent Department. Despite a direction in the writ petition the respondent No.1 did not issue any orders posting the petitioner at ZPP. On 10.08.2021, the 1st respondent issued proceedings posting the petitioner to the office of Mandal Praja Parishad, Bollapalli, as an Administrative Officer. The same were received by the petitioner on 13.08.2021 and she reported to duty immediately on 13.08.2021. The petitioner made a representation on 14.09.2021 treat the resultant gap period i.e., 01.04.2021 to 22.04.2021 and 31.07.2021 to 12.08.2021 that has occurred on account of delay in issuing the reposting orders. Ms. Sodum Anvesha, learned counsel for the petitioner relies on a judgment of the Coordinate Bench of this Court in W.P.No.21079 of 2024. 4. The respondents filed counter affidavit contending that the petitioner had received the orders issued by the Commissioner of Panchayat Raj and Rural Development sent by Whatsapp, Messaging App. The same was admitted by the petitioner in her letter and thus there is no delay in issuing the posting orders. 5. Considered the submissions. 5 6. In the facts of the case, the delay that had occurred in issuing the reposting orders cannot be attributed to the petitioner. As immediately after issuance of repatriation order dated 31.03.2021 she had reported for duty. However, the 1st respondent issued posting orders on 02.04.2021 and dispatched them only on 16.04.2021. Soon, thereafter, on 22.04.2021, 3rd respondent cancelled the repatriation proceedings issued on 31.03.2021. The said Proceedings were challenged by way of a writ petition, and vide order of this court dated 30.07.2021, the proceedings were suspended. The interim order dated 30.07.2021 was complied with by the proceedings dated 09.08.2021 posting the petitioner at her parent department, Zilla Praja Parishad, and vide proceedings dated 10.08.2021 she was asked to report at Mandal Praja Parishad, Bollapalli as an Administrative Officer, the same was received by the petitioner on 13.08.2021. In the above gamut of facts and circumstances of the case, at every point the actions of the respondents had resulted in delay in issuing the posting orders. In the case of repatriation to the parent department the respondent could have served copy of the proceedings within a reasonable period, however without any reasons had caused delay in issuing the same. Even when this Court suspended the proceedings, the respondents did not issue posting orders immediately. It is nothing less than vindictive attitude, shown towards the petitioner by the respondents which resulted in petitioner being abstained from work without her fault therefore she is entitled to be treated as on duty. 6 7. Having regard to the same, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents to pass appropriate orders treating compulsory wait period from 01.04.2021 to 22.04.2021 and 31.07.2021 to 12.08.2021 as “on duty”. It is needless to observe that the petitioner is entitled to all consequential benefits thereof. 8. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 13.03.2026 BSK 7 38 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28631 OF 2021 Date: 13.03.2026 BSK