Disposed

Thaluri Nagendra Babu v. The State of Andhra Pradesh

Andhra Pradesh HC4 Sept 2024WP/14722/2024

Case brief

AI extract

What is this about?

In a writ petition concerning the invalidity of a government service resignation and non-consideration of a reinstatement representation, the High Court disposed of the matter at the admission stage.

What did the court decide?

The petitioner was given liberty to make a fresh representation/appeal to the District Collector considering the aspects and directing the authority to consider the appeal during the pendency.

Thaluri Nagendra Babu Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SAT

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WRIT PETITION NO: 14722 OF 2024

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Between:

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Thaluri Nagendra Babu, S/o. Subbarayudu, aged 32 years, R/o. H. No. 4/34, U Venkatampalli, Ramasamudram Village, Pullampeta Mandal, YSR Kadapa District, Andhra Pradesh

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...Petitioner

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary Department of Panchayatraj and Rural Development, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh.

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The Project Director, District Water Management Agency (DWMA), Annamayya District, Andhra Pradesh.

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The Additional District Program Co-Ordinator, District Water Management Agency (DWMA), Annamayya District, Andhra Pradesh.

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The District Collector, Annamayya District, Andhra Pradesh.

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The Mandal Parishad Development Officer, Mandal Praja Parishad, Pullampeta, Annamayya District, Andhra Pradesh.

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The Assistant Project Officer M and E, District Water Management Agency (DWMA), Annamayya District, Andhra Pradesh.

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The Panchayat Secretary, Ramasamudram Village and Panchayat, Pullampeta Mandal, Annamayya District, Andhra Pradesh.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 2nd respondent in acceptance of the resignation f the petitioner in R.C. No.A/740/HR/FA/Resignation/^2024dated 24.06.2024 obtained under misrepresentation and also the action of the respondent No. 4 in not considering the representation dated 01.07.2024 of the petitioner for reinstatement as Field Assistant with the 6th respondent Village and Panchayat as illegal, arbitrary and also oppose to all cannons of justice consequentially direct the 4th respondent to consider the representation of the petitioner dated 01.07.2024 duly considering all the aspects with a direction to the respondents not to fill up the post of Field Assistant with any third person to the 7th respondent Village and Panchayat till consideration of the representation by the 4th respondent

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lA NO: 1 OF 2024

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to consider the representation of the petitioner dated 01.07.2024 duly considering all the aspects with a direction to the respondents not to fill up the post of Field Assistant with any third person to the 7th respondent Village and Panchayat till consideration of the representation by the 4th respondent pending disposal of the above writ petition

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Counsel for the Petitioner: SRI V SAI KUMAR

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Counsel for the Respondents: GP FOR SERVICES IV Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: Order

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APHC010295042024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3331]

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THURSDAY ,THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 14722/2024

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Between:

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Thaluri Nagendra Babu

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT{S)

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Counsel for the Petitioner:

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1.VSA1 KUMAR

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR SERVICES IV

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The Court made the following order:

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This writ petition is filed to declare the action of^{respondentNo.2in} of the petitioner vide R.C.No.A/740/HR/FA/ accepting the resignation Resignation/2024 dated 24.06.2024 (Ex.P1) deceitfuliy^{andnotconsidering} dated 01.07.2020 submitted by the petitioner, requesting to representation reinstate him as Field Assistant in the office of respondent^{No.6,asillegaland} arbitrary.

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Page 2 of 4

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SK ,r W.P.No. 14722 of 20.,

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Heard Sri V. Sai Kumar, learned counsel for the petitioner;^SriM.S.R. Chandra Murthy, learned standing counsel for respondents^2to4and6and Smt. B. Aparna Lakshmi, learned standing counsel for respondents 5 and 7.

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Learned counsel for the petitioner would submit that the petitioner was made to resign forcibly from the post of Field Assistant and the said resignation was not made voluntarily. After approval of the resignation, the petitioner made a representation dated 01.07.2024 to the District Collector, requesting to reinstate him in service. However, the same was not considered. Hence, the writ petition. 4. Sri M.S.R. Chandra Murthy, learned standing counsel,^{oninstructions} would submit that the petitioner voluntarily submitted the resignation dated 30.04.2024. The same was accepted. The representation dated 01.07.2024^is not available in the office of respondent No.4. He would submit that as per the Rules and Guidelines contained in the Field Assistants Human Resource Policy (FAHRP), against any order passed by the Project Director, an appeal would lie to the District Collector. If the petitioner files an appeal, the District Collector, respondent No.4 will consider the same and pass appropriate orders by following the Rules.

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In reply, learned counsel for the petitioner submitted that the petitioner will make a fresh representation/appeal to respondent^{No.4intwoweeks.} 6. Given the facts and circumstances of the case, without going into the merits of the matter, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, giving liberty to the petitioner to make fresh representation/appeal against Ex.P1, to respondent No.4, District Collector. If such an appeal is filed, the learned District Collector shall consider the appeal and pass appropriate orders strictly as per law, as

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SRS J W.P.No. 14722 012024

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Page 3 of 4

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expeditiously as possible, if necessary, by giving the petitioner an opportunity to hear. No costs.

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.}

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SOI- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTI(SS^FICER

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To,

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The Principal Secretary, Department of Panchayatraj^andRural Development, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh.

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The Project Director, District Water Management Agency (DWMA), Annamayya District, Andhra Pradesh.

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The Additional District Program Co-ordinator, District Water Management Agency (DWMA), Annamayya District, Andhra Pradesh.

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The District Collector, Annamayya District, Andhra^Pradesh. 5. The Mandal Parishad Development Officer, Mandal Praja Parishad, Pullampeta, Annamayya District, Andhra Pradesh.

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The Assistant Project Officer M and E, District Water Management Agency (DWMA), Annamayya District, Andhra Pradesh.

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The Panchayat Secretary, Ramasamudram Village and Panchayat, Pullampeta Mandal, Annamayya District, Andhra Pradesh.

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One CC to SRI V SAI KUMAR Advocate [OPUC] 9. Two CC’s to GP FOR SERVICES IV, High Court of Andhra^Pradesh. [OUT]

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Two CC’s to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 11. Two CD Copies

MVS

HIGH COURT

DATED:05/09/2024

ORDER

WP.No.14722 of 2024

t 2 5 FEB 2025 i
^ . Current Section

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DISPOSING OF THE W.P WITHOUT COST

Thaluri Nagendra Babu v. The State of Andhra Pradesh

Case brief

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Thaluri Nagendra Babu v. The State of Andhra Pradesh

Case brief

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