Andhra Pradesh High Court
WP/31064/2024 of V V SATYANARAYANA REDDY Vs The State of Andhra Pradesh, on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31064 OF 2024 Between: V. V. Satyanarayana Reddy, S/o. V Munuswamy Reddy, Aged 55
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 31064 OF 2024
Between:
V. V. Satyanarayana Reddy, S/o. V Munuswamy Reddy, Aged 55 years, Occ:FieldAssistant,FTE CARD/13025, MGNREGS,Athuru GramPanchayat,Renigunta Mandal, Tirupati District.
AND
...PETITIONER
1. The State of Andhra Pradesh, Rep by its Principal Secretary,Panchayatraj and Rural Development Department, SecretariatBuildings, Velagapudi, Guntur District.Panchayatraj and Rural Development Department, SecretariatBuildings, Velagapudi, Guntur District.
2. The District Collector, Tirupati District, Tirupati.
3.Project Director, District Water Management Agency, Tirupati, TirupatiDistrict.District.
4. The Mandal Parishad Development Officer, Renigunta Mandal, TirupatiDistrict.District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue an order, direction or writ, more particularly one in thenatureofWritofMandamusdeclaringtheimpugnedactionoftherespondents in preventing the petitioner from attending[his][ duties][ as][ Field]AssistantsofAthuruG.P,ReniguntaMandal,TirupatiDistrictandthreateningto terminatehis services though he has not committed anyirregularitiesor misconductinsistinghimto submithisresignationasillegal, arbitrary, high handed, violation of Principles[of][ Natural][ Justice][ and]unsustainable and contrary to all cannons of law and consequently direct the respondents to continue the petitioner as Field Assistantin Athurugram panchayat with all consequential benefits in the interest of justice.
\ NO: 1 OF 2024
Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the writ petition, the High Courtmay be pleased to direct the respondents to continue thepetitionerinservice as Field Assistant of Athuru Gram Panchayat, Renigunta Mandal,TirupatiDistrict withoutinsisting himto submit his resignation, pendingdisposal of the above Writ Petition.
Counsel for the Petitioner: SRI V. SUDHAKAR REDDYCounsel for the Respondent No.1: SRI S. RAJU,ASST.GP FOR SERVICES IV/
Counsel for the Respondent Nos.2 & 3: SRI M.S.R. CHANDRA MURTHY,SC FOR MGNREGS
Counsel for the Respondent No.4: SMT. B.V. APARNA LAKSHMI,SC FOR GRAM PANCHAYAT
The Court at the stage of admission made the following:[ORDER]
APHC010593422024IN THE HIGH COURT OF ANDHRAHS-IHPRADESHAT AMARAVATI(Special Original Jurisdiction)[3331]
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 31064/2024
Between:
1.V V SATYANARAYANAREDDY.S/0. V MUNUSWAMYREDDY,AGED55YEARS,OCC.FIELDASSISTANT,FTECARD/13025,MGNREGS,ATHURU GRAM PANCHAYAT, RENIGUNTA MANDAL,TIRUPATI DISTRICT.AGED55YEARS,OCC.FIELDASSISTANT,FTECARD/13025,MGNREGS,ATHURU GRAM PANCHAYAT, RENIGUNTA MANDAL,TIRUPATI DISTRICT.
...PETITIONER
AND
1.THESTATE OF ANDHRA PRADESH,REPBYITSPRINCIPALSECRETARY,PANCHAYATRAJANDRURALDEVELOPMENTDEPARTMENT,SECRETARIATBUILDINGS,VELAGAPUDI,GUNTUR DISTRICT.SECRETARY,PANCHAYATRAJANDRURALDEVELOPMENTDEPARTMENT,SECRETARIATBUILDINGS,VELAGAPUDI,GUNTUR DISTRICT.
2.THE DISTRICT COLLECTOR. TIRUPATI DISTRICT, TIRUPATI.
3.PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY,TIRUPATI, TIRUPATI DISTRICT.TIRUPATI, TIRUPATI DISTRICT.
4.THE MANDAL PARISHAD DEVELOPMENT OFFICER, RENIGUNTAMANDAL, TIRUPATI DISTRICT.MANDAL, TIRUPATI DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an order, direction or writ, more particularly one in the natureof Writ of Mandamus declaring the impugnedaction of the respondents inpreventingthepetitioner fromattendinghisdutiesasFieldAssistantsofAthuru G.P, Renigunta Mandal, Tirupati District andthreatening to terminate his services though he has not committed anyirregularities[or][ misconduct]insistinghimto submithisresignationasillegal,arbitrary,high handed,violation of Principles of Natural Justice andunsustainable and contrary to allcannons of law and consequently direct therespondents[to][ continue]thepetitioner as Field Assistant in Athuru grampanchayat with all consequentialbenefits in the interest of justice and pass lA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in the[circumstances][ stated]in the affidavit filed in support of the petition, the High Court may be pleased todirect therespondents to continue the petitioner in[service][ as][ Field][ Assistant]ofAthuruGramPanchayat,ReniguntaMandal,TirupatiDistrictwithoutinsisting him tosubmit his resignation, pending disposal[of][ the][ above][ Writ]Petition and pass Counsel for the Petitioner:
1.VSUDHAKAR REDDY
Counsel for the Respondent(S):
1.GP FOR SERVICES IV
The Court made the following:
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:: ORDER ::
Heard Sri V. Sudhakar Reddy, learned counsel for the petitioner and'Sri S.Raju, learned Assistant Government Pleader for Services -I appearedfor respondentNo.1andSriM.S.R.ChandraMurthy,learnedStandingCounsel appeared for respondent Nos.2 & 3 and Smt. B.V. Aparna Lakshmi,learned Standing Counsel appeared for respondent No.4.
2. Thepetitioner was appointedasaField Assistantat[Athuru]GramPanchayat,ReniguntaMandal,ChittoorDistrictunderMGNREGSon01.01.2007. Since then, the petitioner has been discharging duties without anyremarks.RespondentNo.4addressedalettervide Roc.No.MGNREGS-Panchayat,ReniguntaMandal,ChittoorDistrictunderMGNREGSon01.01.2007. Since then, the petitioner has been discharging duties without anyremarks.RespondentNo.4addressedalettervide Roc.No.MGNREGS- AP/RGT/2024, dated 27.09.2024 (Ex.P2) to respondent[No.3,][ recommending]the removal of the petitioner from the service.
3. Learned counsel for the petitioner would submit[that][ in][ pursuance][ of][ the]lettervideEx.P2,respondents3 & 4 arenot allowingthepetitionertodischarge duties as Field Assistant.
4. Sri M.S.R. Chandra Murthy, learned Standing Counsel[submitted][ the]instructions of respondent No.3. A perusal of instructions,[would][ disclose][ that]respondent No.3 neither is interfering with the petitioner’s[discharging][ duties]norissuedanynoticetothepetitioner.It wouldfurtherdisclosethatrespondent No.3 also has not initiated disciplinary[action][ against][ the][ petitioner]of the letter addressed by respondent No.4 vide Ex.P2.[The]in pursuancesalary up to November 2024 has been paid.
5. Thus, as seen from the instructions submitted by the[learned][ Standing]Counsel, respondents 3 & 4 are not interfering with[the][ petitioner’s][ discharging]duties as Field Assistant.Counsel, respondents 3 & 4 are not interfering with[the][ petitioner’s][ discharging]duties as Field Assistant.
5.
6. Given the facts and circumstances of the case, the[Writ][ Petition]isdisposed of at the stage of admission with the consent[of][ both][ the][ learned]counsel, directing the respondents 3 & 4 not to interfere[with][ the][ petitioners]discharging duties as Field Assistant, without following[due][ process][ of law.]There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any,[shall][ stand][ closed.]
Sd/- J. SAROJA//TRUE COPY//ASSISTANT REGISTRAR
To
SECTION OFFICER
1. The Principal Secretary, Panchayatraj and Rural[Development]Department, State of Andhra Pradesh, Secretariat Buildings,Velagapudi, Guntur District.Department, State of Andhra Pradesh, Secretariat Buildings,Velagapudi, Guntur District.
2. The District Collector, Tirupati District, Tirupati.
3. The Project Director, District Water Management Agency, Tirupati,Tirupati District.Tirupati District.
4. The Mandal Parishad Development Officer, Renigunta Mandal, TirupatiDistrict.District.
5. One CC toSri V. Sudhakar Reddy, Advocate [OPUC]
6. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT]
7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS (OPUC)
8. One CC to Smt. B.V. Aparna Lakshmi, SC for Gram Panchayat (OPUC)
9. Three C.D. Copies.
Cnr
HIGH COURT
DATED:31/12/2024
ORDERWP.No.31064 of 2024
a*19 FEB 2025iO^ ^ Cufrent Section. ^
DISPOSING OF THE W.P. AT THE STAGE OFADMISSION WITHOUT COSTS