HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.23820 OF 2023

ORDER:

Heard Sri V. Ravi Chandrani, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Services-I , appearing on behalf of respondents.

2. The petitioner filed the writ petition seeking the following relief “…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 4^th Respondent in removing the Petitioner from service vide order issued in impugned proceedings No.A/97/2017 dated 02/05/2023 contrary to the statutory mandate of Rule 45 of the A.P. Village Revenue Assistants Services Rules, 2005 and on the dictates of the higher authority viz. the 3^rd Respondent Appellate Authority thereby denying the right of appeal, as being arbitrary, illegal, opposed to principles of natural justice, in violation of the provisions contained in Rule 45 of the aforementioned Rules and Article 14 of the Constitution of India and set aside the same accordingly and consequently direct the Respondents to reinstate the Petitioner into service with benefits incidental thereto including payment of salary for the working period from August 2021 to 06/05/2022 and to pass..”

3. The case of the petitioner in brief, is that the petitioner was appointed as Village Revenue Assistant on 02.05.2014. The petitioner was absent to duties from 09.03.2022 to 21.03.2022. The District Revenue Officer, Hyderabad District issued memo dated 21.03.2022 and the petitioner submitted explanation dated 07.05.2022. The petitioner was absent again from 30.05.2022 to 26.10.2022 and the petitioner has submitted explanation dated 04.04.2023 but the petitioner was not permitted to join duty. The petitioner has not been paid salary from August, 2021 onwards till May, 2022. The respondent No.3 has directed the respondent No.4 vide Lr.No.A3/21/2016, dated 20.04.2023 to take necessary action against the petitioner as per Rule 42 of Village Revenue Assistants Service Rules. As per the directions of the respondent No.3, the respondent No.4 issued order of removal vide impugned proceedings No.A/97/2017, dated 02.05.2023. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD.

(A) The order impugned vide No. A/ 97/ 2017, dated 02.05.2023 of the respondent No.4 is extracted hereunder:

PROCEEDINGS OF THE REVENUE DIVISIONAL OFFICER & SUB-

DIVISIONAL MAGISTRATE, SECUNDERABAD DIVISION PRESENT : SMT.E. VASANTHA KUMARI, M.A.

No.A/ 97/ 2017, Dated : 02.05.2023 Sub: Revenue Department- Hyderabad District –Secunderabad Division - Srl G.Satish, Village Revenue Assistant O/o the Tahsildar, Khairatabad Tahsil present working on deputation in the Collectorate, Hyderabad District - Removal from the service – order - Issued Read: The Collector, Hyderabad District lr.No.A3/21/2016, Dt : 20.04.2023.

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ORDER:-

In the ref read above, it is informed that, Sri G.Satish, Village Revenue Assistant, O/o the Tahsildar, Khairatabad Tahsil presently working on deputation in the Collectorate, Hyderabad District is very irregular to duties. On perusal of staff attendance register, it is found that, though the RDO, Secunderabad Division has relieved the individual on 02.03.2022 A.N. The individual has not attended duties w.e.f. 03.03.2022 to 11.04.2022 and joined duty on 12.04.2022 but absent to duties on 7,9,13,16,18,25,26 & 27 of May, 2022 and continuously absent to duties w.e.f. 31.05.2022 to till date.

Further, it is informed that, explanation was called from the individual for his negligent attitude. He submitted explanation stating that, he was absent to duty from 31.05.2022 as he along with State vide VRA leaders went on strike VRA agitation for pay scale and due to heavy pollution and travelling to other districts during VRA agitation and meetings, his health got effected and he was diagnosed with diabetics.

Since, the explanation submitted by the individual is not convincing,