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2023 Supreme(Online)(AP) 8947

HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE TWELFTH DAY OF MAY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19405 OF 2019 Between:

1. Sanagani Revathi, D/o S.Gangaiah, aged 39 years, BC-B, Working as Ward -

Mahila Police and Woman and Child Welfare Assistant, and Ward Women and Weaker Section, Protection Secretary at Ward Secretariat No.01 in Rayachoti Municipality, R/o 13-03-18, Suddalavandlapalli Road, Rayachoti, Kadapa-516269.

...PETITIONER(S)

AND:

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amarairati, Guntur District

2. The Commissioner of Panchayat Raj and Rural Development, PVS Enclave, Tadepalli, Guntur District, Andhra Pradesh.

3. The Director General of Police, Mangalagiri, Amaray.thi, Andhra Pradesh.

4. The District Selection Committee, Rep. by its Chairman and District Collector, YSR Kadapa District.

5. The Superintendent of Police, YSR Kadapa District.

6. The Municipal Commissioner, Rayachoti Municipality, YSR Kadapa District.

7. The Ward Administrative Secretary, S.No.4, Market Yard Building of -

Rayachoti Municipality, YSR Kadapa District.

8. Smt. M. Pooja, W/o B.Rahul Naik, aged Major, R/o Pacharlamakulapalli Thanda, Jandla Post, Piler Mandal, Chittoor District-517214.

...RESPONDENTS Counsel for the Petitioner(s): A CHANDRAIH NAIDU Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV (AP)

The Court made the following: ORDER THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.19405 OF 2019

ORDER:

1. The present writ petition is filed to declare the action of the third respondent in issuing order in C.No.A10/Rect-1/2019 dated 25.11.2019 as illegal, arbitrary and contrary to the recruitment process and consequently direct the respondents to continue the petitioner as Mahila Police and Women & Child Welfare Assistant/ Ward Women & Weaker Sections Protection Secretary (Female) at Ward Secretariat No.01 in Rayachoti Municipality.

2. The brief facts of the case are as follows:

3. The State Government of Andhra Pradesh issued G.O.Ms.No.110 Panchayat Raj & Rural Development (MDL-I) Department dated 19.07.2019 introducing ‘Village/Ward Secretariat System’ in the State. Pursuant to the said G.O, the Director General of Police issued Notification No.01/Home/2019 dated 26.07.2019 inviting applications for the post of Mahila Police and Women & Child Welfare Assistant/ Ward Women & Weaker Sections Protection Secretary (Female) (henceforth referred as ‘Mahila Police’).

4. The petitioner being a Post-Graduate applied for the posts under Category-I notified under Grama/Ward Sachivalayam Recruitment-2019. The petitioner applied for the said posts, appeared for the written test and secured 57.5 marks. Basing on the said marks and rank she secured, the petitioner was selected to the post of Mahila Police. The Chairman, District Selection Committee and District Collector, Kadapa District (R-4) has issued an order of appointment vide proceedings in Rc.No.A10/Rect- 1/DSC-2019 dated 29.09.2019. On 06.10.2019, Superintendent of Police (R-5) issued proceedings posting the petitioner to S.No.4, Market Yard Building, Rayachoti Municipality. Thereafter, the Commissioner, Rayachoti Municipality (R-7) issued proceedings dated 07.10.2019 permitting the petitioner to join the duty.

5. After undergoing training for a week, the petitioner joined the services as Mahila Police and she was discharging her duties as attached to the post Due to personal reasons, the petitioner proceeded on leave from 27.11.2019 to 30.11.2019. After completion of the aforesaid leave period, the petitioner joined duties and to the shock and surprise, she found that she was called for certificate verification by Respondent No.4 for the post of ‘Welfare and Education Assistant’ on 03.11.2019.

6. The petitioner has put-forth her grievance before the Deputy Director, Social Welfare Department informing that, though she was already appointed as Mahila Police, she was issued another call letter dated 03.11.2019 for the post of Welfare and Education Assistant, which is unwarranted. The petitioner contends that, the respondents – authorities forced her to submit an undertaking to the respondents that she will not raise any objection for accepting the post of Welfare and Education Assistant, else she would be losing both the posts. Having no other option, unwillingly, the petitioner submitted an undertaking that she was interested to work as Mahila Police. Several representations made by the petitioner to the respondents were not considered and Respondent No.4 issued orders dated 25.11.2019 stating as if the petitioner has migrated to the post of Welfare & Education Assistant. Once again, the petitioner made several representations to the respondents to redress her grievance, but, they were not considered. Hence the present writ petition.

7. Respondent Nos. 2 & 5 filed their respective counter affidavits denying material allegations, while admitting about the facts narrated in the writ affidavit, including issue of impugned proceedings, cancelling the appointment of this petitioner as Mahila Police, including issue of impugned proceedings dated 25.11.2019, migrating the petitioner to the post of Welfare &

Education Assistant based on merit and sliding options. However, the following are the specific contentions urged in the counter affidavit:

a. It is respectfully submitted that Examination was conducted to the Category-1 posts. As per Para-15 of the Notification, the minimum qualifying

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