ORDER :

The present Writ Petition is filed by the petitioner having aggrieved by the action of the respondents herein in removing the petitioner from the post of Ground Level Reservoir Operator (now removed from service), Hukumpet Gram Panchayat Rajamahendravaram Rural, East Godavari District without any charge memo and without conducting enquiry as contemplated under Rule 20 of CCA Rules as illegal and liable to be set aside the removal orders vide proceedings No.47711/2017-A5, dated 07.07.2017 and consequential order passed in appeal vide proceedings No.880114/CPR&RD/N3/2019, dated 11.01.2021.

2. Heard learned Counsel for the Petitioner and learned Government Pleader for Services – II & IV.

3. The case of the petitioner in brief is that, the petitioner herein was initially appointed as GLR Motor Tank Operator on 01.04.1981 at Hukumpet Gram Panchayat on payment of Rs.60/-per month and continued in service and by extending the service of the petitioner from time to time on temporary basis. Later, the respondent sanctioned minimum time scale to the petitioner on par with NMR/Daily wages, vide proceedings No.5362/91 dated 11.06.1991. Thereafter, enhanced the salary of Rs.900/- per month to the post of GLR Operator vide proceedings No.8150/93/A2 dated 18.09.1993. Thereafter, the petitioner was converted into Last Grade Service from 01.07.1994 in the minimum time scale of Rs.1372-25-1475-30-2375.

4. Petitioner is working at Hukumpeta G.P. Then it was merged into Rajamundry Municipal Corporation w.e.f. 25.03.1995 vide G.O.Ms. No.159 MA, dated 25.03.1995 and the petitioner worked till 28-02-1996 again the petitioner was sent back to Hukumpeta G.P. Later, the petitioner’s services were regularized and probation also declared vide proceedings No.1169/2012-A6 dated 12-12-2012 in the cadre of GLR Operator w.e.f 01.07.1994 and probation declared from 30.06.1996. Thereafter, the respondents also, sanctioned 8 years and 12 years promotion post scale 1A and SAPP 1B vide Proc.No.112/2014-A8, dated 18.01.2014.

5. Petitioner submitted that, District Panchayat Officer, Rajamundry has submitted service particulars of Panchayat staff working in erwhile, Hukumpeta Grama Panchayat under Rajamundry Rural Mandal to the 4th respondent vide proc.No.152/2017/A2 dated 09.02.2017 in respect of 25 employees who are working in the cadre of Sweeper/GLR Operators/Tank Operators etc., wherein the petitioner’s name is also placed at SI.No.16. But in the said proceedings dated 09.02.2017 it is mentioned that some entries were not made by the Sarpanch. Now the 4th respondent has issued a show cause notice vide file No.47711/2017-A5, dated 12.05.2017 on the ground that the service regularization particulars of the petitioner are not available in the respondent office, therefore there is no evidence that the petitioner’s services were regularized by the Government and called for explanation for removal from service. Thereafter, requested to drop further action, but the 4th respondent straightway, terminated the petitioner form service vide proceedings No.4711/2017-A5 dated 07.07.2017 without issuing any notice or opportunity while issuing charge memo and consequential enquiry as contemplated under Rule 20 and 21 of CCA rules.

6. Petitioner submitted that, the 2nd respondent passed the orders in appeal dated 18.04.2019 and rejected vide impugned proc. No.880114/CPR&RD/N3/2019, dated 11.01.2021 stating that, the 4th respondent/District panchayat officer E.G. District is not the competent authority to regularize the services of the petitioner under the G.O.Ms. No.212, Fin. & Planning Dept. dated 22.04.1994. As per said G.O, the Government is only the competent authority for regularization of services and there is no ground to consider the appeal. Accordingly, Appeal was rejected by confirming the removal order dated 07.07.2017. As such challenging the removal order dated 07.07.2017 and consequential rejection orders in appeal dated 11.01.2021 the present W.P is being filed.