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2026 DAILYLAW 4365 (AP)

KOTAKONDA KHAJA RAMTHULLA v. THE STATE OF AP

WP/16691/2026 · 2026-06-28

Nyapathy Vijay

body2026

Judgment text

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1 Date of reserved for orders : Date of pronouncement : 29.06.2026 Date of uploading : APHC010314482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16691/2026 Between: 1. KOTAKONDA KHAJA RAMTHULLA, S/O LATE K. PEDDA VENKATAIAH AGED ABOUT 42 YEARS, OCC FIELD ASSISTANT R/O GUMPARLAPADU GRAM PANCHAYAT, ANUMASAMUDRAMPETA MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH-524 234. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI. 522238 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, ANDHRA PRADESH. 5522501 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 524001 4. THE PROJECT DIRECTOR, THE DISTRICT WATER MANAGEMENT AGENCY AND THE ADDITIONAL DISTRICT PROGRAMME COORDINATOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, ANDHRA PRADESH, SPSR NELLORE DISTRICT. 524001 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER CUM, ADDITIONAL PROGRAMME COORDINATOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, ANDHRA PRADESH, ANUMASAMUDRAMPETA MANDAL, SPSR NELLORE DISTRICT 524001 ...RESPONDENT(S): 2 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 issue a writ of mandamus or any other appropriate writ or direction declaring the show cause notice cum temporarily keeping out of employment orders issued by the 4th respondent in Rc No.A8/2544/HRCell/2025 dated 02.02.2026 in keeping the petitioner out of employment as Field Assistant of Gumparlapadu Gram Panchayat, Anumasamudrampeta Mandal, SPSR Nellore District as illegal, arbitrary, and contrary to FAHR Policy issued in Circular No. 666/EGS(P)/2012 dated 08.01.2013 and set aside the same and consequently direct the Respondents to continue the Petitioner as Field Assistant of Gumparlapadu Gram Panchayat, Anumasamudrampeta Mandal, SPSR Nellore District 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 to direct the respondents herein to continue the petitioner as Field Assistant of Gumparlapadu Gram Panchayat, Anumasamudrampeta Mandal, SPSR Nellore District by suspending the order passed by the 4th respondent vide Rc No.A8/2544/HRCell/2025 dated 02.02.2026, pending disposal of the writ Petition. Counsel for the Petitioner: 1. TADDI SOWMYA NAIDU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16691 of 2026 O R DE R: The present writ petition is filed questioning the action of the 4th Respondent in issuing show cause notice vide proceedings in Rc.No.A8/2544/HRCell/2025 dated 02.02.2026 keeping the Petitioner temporarily out of employment as Field Assistant as arbitrary and illegal. 2. The facts leading to the filing of the case are as follows: The Petitioner was appointed as Field Assistant in Gumparlapadu Gram Panchayat, Anumasamudrampeta Mandal, Nellore District, on contract basis,in the year 2007 and has been discharging his duties ever since.While so, on a complaint given by Ex-Sarpanch of Gumparlapadu Village, enquiries were conducted and proceedings vide Rc.No.A8/2544/HRCell/2025 dated 02.02.2026 were issued keeping the Petitioner temporarily out of employment as Field Assistant and to submit explanation within seven days. After receipt of the said show cause notice, Petitioner submitted his explanation dated 07.02.2026 denying the allegations to the 4th respondent. 3. It is the contention of the learned counsel for the Petitioner that as the enquiry proceedings were not concluded within the time specified in Clause 13 (B)(5) of the Field Assistants Human Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The counsel also relied on an order passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No.16643 of 2025. 4 4. Learned standing counsel Sri M.S.R.Chandra Murthy, submits that the enquiry is going on and the same would be concluded within three weeks. The further contention is that the guidelines are not statutory and even otherwise, no consequence is stated for non-compliance of the time frame of 30 days and therefore, the same cannot be said to be mandatory. The maintainability of the writ petition was also urged as the nature of job of the Petitioner is akin to Labour. 5. Having heard the respective counsel, this Court, without going into the issues urged by the Respondent counsel, is inclined to dispose of the writ petition in terms of W.P.No.16643 of 2025 with a direction to the 4th respondent to reinstate the Petitioner into service and conclude the enquiry after providing due opportunity of hearing to the Petitioner within a period of three (3) weeks from the date of receipt of copy of this order. 6. Accordingly, this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 29.06.2026 CM✓/PS/APS – Vns Whether the order is: Speaking ✓ Reasoned Reportable Non-reportable ✓ 5