APHC010108692017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3504]

(Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17932/2017 Between:

1. V. RAJESH, S/O SATYANARAYANA, AGED ABOUT 31 YEARS, JUNIOR ASSISTANT CUM DATA ENTRY OPERATOR, MISSION FOR ELIMINATION OF POVERTY IN MUNICIPAL AREAS, 0/O. COMMISSIONER, PITHAPURAM MUNICIPALITY, PITHAPURAM, EAST GODAVARI DISTRICT.

...PETITIONER AND

1. PRL SECY M A U D DEPT 5 ORS, MUNICIPAL ADMINISTRATION &

URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. MISSION FOR ELIMINATION OF POVERTY IN MUNICIPAL AREAS, (MEPMA), STATE OF ANDHRA PRADESH, GUNTUR REPRESENTED BY ITS MISSION DIRECTOR.

3. PROJECT DIRECTOR, GOVERNMENT OF ANDHRA PRADESH, MISSION FOR ELIMINATION OF POVERTY IN MUNICIPAL AREAS (MEPMA), EAST GODAVARI DISTRICT AT KAKINADA.

4. DISTRICT COLLECTOR/CHAIRMAN, MISSION FOR ELIMINATION OF POVERTY IN MUNICIPAL AREAS (MEPMA) EAST GODAVARI DISTRICT AT KAKINADA.

5. COMMISSIONER, PITHAPURAM MUNICIPALITY, PITHAPURAM, EAST GODAVARI DISTRICT.

6. PROJECT DIRECTOR VIKASA OUTSOURCING COLLECTORATE, EAST GODAVARI DISTRICT, KAKINADA. ...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 toto issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in terminating the services of the petitioner without passing any orders is wholly illegal, violative of principles of natural Justice and violative of Articles 14, 16 and 21 of the Constitution of India apart from being violative of principles of natural Justice and consequently declare that the petitioner is entitled to be continued in service as Junior Assistant-cum-Data Entry Operator in Pithapuram Municipality, East Godavari District, Kal:inada and pass such other and further order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

IA NO: 1 OF 2017(WVMP 2597 OF 2017 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 vacate the interim orders dt: 20-06-2017 passed in WP No. 17932/2017 and dismiss the writ petition and pass IA NO: 2 OF 2017(WPMP 21897 OF 2017 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 to continue the petitioner in service as Junior Assistant- cum-Data Entry Operator in MEPMA Pithapuram in Pithapuram Municipality, East Godavari District Counsel for the Petitioner:

1. KARUPOLU NARASIMHA RAO Counsel for the Respondent(S):

1. VENKATESWARLUNIMMAGADDA(SC FORMCI)

2. GP FOR REVENUE (AP)

3. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities

4. GP-MUNCIPAL ADMN AND URBAN DEV(AP)

The Court made the following:

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17932/2017 ORDER:-

The instant writ petition has been filed by the petitioner under Article

226 of Constitution of India seeking the following main prayer: “to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in terminating the services of the petitioner without passing any orders is wholly illegal violative of principles of natural Justice and violative of Articles 14, 16 and 21 of the Constitution of India apart from being violative of principles of natural Justice and consequently declare that the petitioner is entitled to be continued in service as Junior Assistant- cum-Data Entry Operator in Pithapuram Municipality, East Godavari District, Kalinada and pass such other and further order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case”

2. The cas