APHC010662452013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12475/2013 Between:

1.GANDLA VIJAYA BHASKAR, KURNOOL DIST, S/O. G.V.RAMAIAH, AGED ABOUT 41 YEARS, R/O. RAYAPADU VILLAGE, GOSPADU MANDAL, KURNOOL DISTRICT.

...PETITIONER AND

1.PRL SECY PANCHAYAT RAJ RURAL DEVP DEPT HYD 5 OT, SECRETARY, PANCHAYAT RAJ & RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD.

2.THE CHIEF EXECUTIVE OFFICER, O/O. COMMISSIONER OF RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, HYDERABAD.

3.THE MEMBER SECRETARY SOCIETY FOR RURAL DEVELOPMENT, SERVICES, O/O. COMMISSIONER OF RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, HYDERABAD.

4.THE DISTRICT COLLECTOR/DISTRICT PROJECT COORDINATOR, DISTRICT WATER MANAGEMENT AGENCY, KURNOOL DISTRICT AT KURNOOL.

5.THE PROJECT DIRECTOR/ JOINT SECRETARY DISTRICT WATER, MANAGEMENT AGENCY, KURNOOL.

6.THE MANDAL PARISHAD DEVELOPMENT OFFICER, PROGRAMME OFFICER, VELUGODU MANDAL, KUNROOL DISTRICT ...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 toIssue an appropriate writ, order or direction, more in the nature of Writ of Mandamus, declaring the orders of the 2nd respondent in Proceedings No. 2590/CRD/175/SPM(DM)/Appeal/2012, dated 17.10.2012 confirming the orders of the 5th respondent in Rc. No. 273/DVC(SA-IV)/2011, dated 30.12.2011, as being arbitrary, illegal and is in negation of the service rules apart from being in negation of the principles of natural justice and fair play and consequently set aside the same with a direction to retinstate the petitioner into service with continuity of service and with all benefits, and pass IA NO: 1 OF 2013(WPMP 15392 OF 2013 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 suspend the operation of the orders of the 2nd respondent in Proceedings No. 2590/CRD/175/SPM(DM)/Appeal/2012, dated 17.10.2012 confirming the orders of the 5th respondent in Rc. No. 273/DVC(SA-IV)/2011, dated

30.12.2011, pending disposal of the above writ petition and pass IA NO: 1 OF 2021 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 Pleased to permit the petitioner/respondent no.5 to file the relevant documents and receive the dame and pass Counsel for the Petitioner:

1.K RATHANGA PANI REDDY Counsel for the Respondent(S):

1.SPL C FOR NREGS(M S R CHANDRA MURTHY)

2.B V APARNA LAKSHMI

3.GP FOR PANCHAYAT RAJ & RURAL DEV The Court made the following:

THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.12475 OF 2013

ORDER :

1. There is no representation on behalf of the petitioner.

2. The learned standing counsel for the respondent No.5 submits that the petitioner was engaged on a contract basis for a fixed tenure from 01.04.2011 to 31.03.2012 and, on account of certain irregularities, was initially placed under suspension. Thereafter, upon enquiry, the petitioner’s services were discontinued and orders for recovery were passed.

3. The learned standing counsel further submits that the petitioner has not been in service of the respondent thereafter and that there is no stay of the impugned proceedings. It is also submitted that, though recovery was ordered, the respondents have not been able to recover the amount from the petitioner. It is further submitted that the NREGS Scheme, under which the petitioner was engaged, has since been discontinued.

4. Recording the submissions of the learned standing counsel, the writ petition is closed. No costs.

As a sequel, miscellaneous applications, pending, if any, shall stand closed.

____________________ JUSTICE HARINATH.N KGM

231 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITI