2025:APHC:4228 APHC010564672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331]

FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 684/2025 Between:

1. A SUBRAMANYAM, S/O. SUBRAMANYAM, AGED ABOUT 43 YEARS, OCC FIELD ASSISTANT, R/O. D.N 0.5-4, RAMAPURAM VILLAGE, BOORGAMANDA VILLAGE SODAM MANDAL, CHITTOOR DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

2. T HE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT

3. T HE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), CHITTOOR DISTRICT, ANDHRA PRADESH.

4. T HE ADDITIONAL DISTRICT PROGRAMME COORDINATOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), CHITTOOR DISTRICT, ANDHRA PRADESH.

5. T HE MANDAL PARISHAD DEVELOPMENT OFFICER/PROGRAMME OFFICER, MGNREGS, SODAM MANDAL, CHITTOOR DISTRICT.

6. T HE ASSISTANT PROJECT OFFICER M AND E, DISTRICT WATER MANAGEMENT AGENCY (DWMA) CHITTOOR DISTRICT, ANDHRA PRADESH.

...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 to issue an order, direction, writ, more particularly Writ of Mandamus declaring the proceedings Rc.No. K8/129/2022 dated 16.11.2024 passed by the 3rd respondent thereby removed the petitioner from the post of Field Assistant working in Boorgamanda Village, Sodam Mandal, Chittoor District without considering the explanation dated 14.11.2024 properly and without conducting any enquiry as illegal, arbitrary and violative of principles of natural justice and violative of Article, 14 and 21 of the Constitution of India and consequently set aside the proceedings issued by the 3rd respondent vide Rc.No.K8/129/2022, dated 16.11.2024 by reinstating the petitioner into service and pass IA NO: 1 OF 2025 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 reinstate the petitioner as Field Assistant at Boorgamanda Village, Sodam Mandal, Chittoor District by suspending the proceedings of the 3rd respondent vide Rc.No.K8/129/2022, dated 16.11.2024, forthwith, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. K RAGHU VEER Counsel for the Respondent(S):

1. GP FOR SERVICES IV The Court made the following:

:ORDER:

Impugning the proceedings issued by respondent No.3 vide Rc.No.KA/129/2022 dated 16.11.2024, keeping the petitioner out of contract employment, permanently, the above writ petition is filed.

2. Heard Sri K. Raghuveer, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for respondent No.1; Sri M.S.R. Chandra Murthy, learned standing counsel for respondents 2 to 4 and 6 and Smt. B.V. Aparna Lakshmi, learned standing counsel for respondent No.5.

3. Learned counsel for the petitioner would submit that the petitioner was appointed as Field Assistant on 04.03.2022 under MNGREGS, in Boorgamanda Village, Sodam Mandal, Chittoor District and has been discharging duties without any remarks, since then. A show cause notice was issued to the petitioner vide Roc. No.K8/129/2024 dated 07.10.2024 (Ex.P4), for which, the petitioner submitted an explanation dated 09.10.2024 (Ex.P5), stating that the petitioner has been attending the office, however, respondents

5 and 6 are not allowing the petitioner to discharge his duties.

4. Learned counsel would further submit that earlier, the petitioner filed W.P.No.24454 of 2024 and the same was disposed of, by order dated 26.10.2024 directing the petitioner to submit an explanation to the notice issued by respondent No.3. After disposal of the said W.P.No.24454 of 2024, respondent No.3 issued notice dated 05.11.2024 directing the petitioner to appear in person, on