APHC010251522020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16529/2020 Between:

1. A TTI DURGA RAO, FATHER NAME BHADRAM AGE 40 ADDRESS BHUPALPATNAM, KIRLAMPUDI, E.G.DIST ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PR AND RD, SECRETARIAT, VELAGAPUDI ADDRESS GUNTUR DISTRICT

2. T HE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY ADDRESS E.G. DIST. KAKINADA

3. T HE MANDAL PARISHAD DEVELOPMENT OFFICER/ PROGRAMME OFFICER, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, MPP ADDRESS KIRLAMPUDI, E.G. DIST ...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 topleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of 2nd Respondent in issuing order No.HR/08/EGS/DWMA/2018, dated12-11-2019 as ill legal arbitrary contrary to facts suffer from no application of mind and violative of Articles 14 and 21 of constitution of India and consequently direct the respondent 2 and 3 to reinstate the petitioner as List-1 field Assistant of BhupalapatnamGramaPnachayat, Kirlampudi Mandal, East Godawari District under Mahatma gandhiNational Rural Employment Gurantee scheme with all consequently and includental benefits attached to the post and to pass IA NO: 1 OF 2020 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 suspend the orders No.HR/08/EGS/DWMA/2018, dated 12-11- 2019 issued by the 2nd respondent pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. P V V SATYANARAYANA Counsel for the Respondent(S):

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

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES)

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16529/2020

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2^nd respondent in issuing order No.HR/08/EGS/DWMA/2018, dated12.11.2019 as ill-legal, arbitrary, contrary to facts, suffer from non application of mind and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondent Nos.2 and 3 to reinstate the petitioner as List-1 field Assistant of BhupalapatnamGramaPnachayat, Kirlampudi Mandal, East Godawari District under Mahatma Gandhi National Rural Employment GuranteeScheme with all consequently and incidental benefits attached to the postand pass such other order.”

2. The grievance of the petitioner in short is that the 2^nd respondent issued the impugned proceedings dated 12.11.2019 terminating the petitioner from the service. Hence, the present Writ Petition is filed.

3. Learned counsel for the petitioner submits that the by enacting the National Rural Employment Guarantee Act, 2005 the Central Government introduced Mahatma Gandhi National Rural Employment Guarantee Scheme (herein after referred as „Scheme‟). The petitioner was engaged as Field Assistant of Bhupalapatnam Gram Panchayat under the Scheme with effect from 12.12.2017 by duly following selection process. Then, 12 audits were conducted in the said Gram Panchayat regarding the works carried under this scheme and no remarks were found against the petitioner. The contract of the petitioner has been renewing from time to time and the same was extended upto 30.06.2019.

4. Learned counsel for the petitioner further submits that the petitioner being a Field Assistant is supposed to provide man- days of 7500