Disposed

V. Rajyalakshmi v. the State of Andhra Pradesh

Andhra Pradesh HC17 Sept 2024WP/17069/2024

Case brief

AI extract

What is this about?

Writ petition challenging interference with petitioner's duties as Village Organization Assistant. High Court disposed petition at admission stage with consent, directing respondents to not interfere.

What did the court decide?

Directed respondent Nos. 3 to 6 not to interfere with the petitioner's discharging duties as VGA in Chinthaparti-4 Village at the admission stage

V. Rajyalakshmi Vs the State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2024)

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

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WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 17069 OF 2024

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Between:

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V. Rajyalakshmi, W/o.Ravinderachari, Aged 51 years,^{R/o.D.No.6-101-1Kota} Veedhi, Chinthaparthi Village Vayalpadu Mandal, Annamayya^{DistrictAndhra} Pradesh.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep.by its Principal Secretary^Rural Development Department, A.P. Secretariat Velagapudi, Amaravati, Guntur District

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The District Collector and Executive Chairman (DRDA), Rayachoti, Annamayya District, AP.

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The Project Director, DRDA (Velugu) Rayachoti, annamayya^District Andhra Pradesh.

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The Assistant Project Manager, YSR Kranthi Patham (Velugu) Vayalpadu Mandal, Annamayya District Andhra Pradesh.

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The Mandal Samaikya Community Coordinator, Vayalpadu^Mandal Annamayya District, AP.

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The Area Coordinator, DRDA, YSR Kranthi Patham (Velugu) Vayalpadu Mandal, Annamayya District Andhra Pradesh.

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...RESPONDENTS

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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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents 2 to 6 herein in not allowing the petitioner to discharge her duties as Sanga Mithra Village Organization Assistant (VOA) of Chinthaparti - 4 as arbitrary.

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illegal, colourable exercise of Power and misusage of powers and violation of Art.16 and 21 of the Constitution of India and apart^from violation of principles of natural justice and consequently direct the respondents 2 to 6 not to interfere in the affairs of the petitioner and^{continueherdutiesas} Sanga Mithra Village Organization Assistant (VOA) of Chinthaparthy - 4.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 6 not to place any restrictions on the petitioner to discharge her duties as VGA (Sangamithra) of Chinthaparthy - 4 pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI D. KODANDARAMI REDDY

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Counsel for the Respondent No’s.1 & 2 : SRI R.S. MANIDHAR PINGALI, ASST.GP FOR SERVICES IV

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Counsel for the Respondent Nos.3 to 6 : SRI HARISH KUMAR RASINENI, SC FOR DRDA

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The Court at the stage of admission made the following:^ORDER

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[3331]

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APHC010335572024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY ,THE EIGHTEENTH 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: 17069/2024

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Between:

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1.V. RAJYALAKSHMI, W/O.RAVINDERACHARI AGED 51 YEARS, R/O.D.NO.6-101-1 KOTA VEEDHI, CHINTHAPARTHI VILLAGE VAYALPADU MANDAL, ANNAMAYYA DISTRICT ANDHRA PRADESH

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT

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2.THE DISTRICT COLLECTOR AND EXECUTIVE CHAIRMAN DRDA, RAYACHOTI, ANNAMAYYA DISTRICT. AP

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3.THE PROJECT DIRECTOR, DRDA (VELUGU) RAYACHOTI ANNAMAYYA DISTRICT ANDHRA PRADESH

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4.THE ASSISTANT PROJECT MANAGER, YSR KRANTHI PATHAM (VELUGU) VAYALPADU MANDAL, ANNAMAYYA DISTRICT ANDHRA PRADESH

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5.THE MANDAL SAMAIKYA COMMUNITY COORDINATOR, VAYALPADU MANDAL ANNAMAYYA DISTRICT AP

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6.THE AREA COORDINATOR DRDA, YSR KRANTHI PATHAM (VELUGU) VAYALPADU MANDAL ANNAMAYYA DISTRICT ANDHRA PRADESH

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...RESPONDENT(S):

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SRS,J W.P.No.17069 of 2024

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4^Page 2 of 6

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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 a writ of Mandamus declaring the action of the respondents 2 to 6 herein in not allowing the petitioner to discharge her duties as Sanga Mithra Village Organization Assistant (VOA) of Chinthaparti - 4 as arbitrary, illegal, colourable exercise of Power and misusage of powers^{andviolationofArt.16} and 21 of the Constitution of India and apart from violation of principles of natural justice and consequently direct the respondents^{2to6nottointerfere} in the affairs of the petitioner and continue her duties as Sanga Mithra Village Organization Assistant (VOA) of Chinthaparthy - 4 and pass

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lA NO: 1 OF 2024

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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 direct the respondents 2 to 6 not to place any restrictions on the petitioner to discharge her duties as VGA (Sangamithra) of Chinthaparthy - 4 pending disposal of the above writ petition and pass and pass

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Counsel for the Petitioner:

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1.D KODANDARAMI REDDY

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Counsel for the Respondent(S):

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1.GP FOR SERVICES IV

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The Court made the following:

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:ORDER:

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This writ petition is filed complaining about interference by respondent Nos.2 to 6 and not allowing the petitioner to discharge her duty as SangamitraA/illage Organization Assistant (VOA) of Chinthaparti-4 Village, Vayalpadu Mandal, Annamayya District, without issuing any notice. 2. The Court by order dated 07.08.2024, directed respondent Nos.2 to 6 not to interfere with the petitioner’s discharging duties as VOA (Sangamitra) of Chinthaparti-4 Village, Vayalpadu Mandal, Annamayya District, without following due process of law. 3. Heard learned counsel on either side.

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Heard learned counsel on either side.

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Page 3 of 6

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SRS,J W.P.No.17069 of 2024

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4.. Learned counsel for the petitioner submits that in the General Body Meeting held on 08.12.2019 (Ex.PI), the petitioner^waselected / nominated as SangamitraA/OA in Chinthaparti-4 Village, Vayalpadu Mandal, Annamayya District Learned counsel for the petitioner submits that petitioner has been continuing to discharge her duties as SangamitraA/OA as on date. Respondents 2 to 6, without issuing any notice, are not allowing the petitioner to discharge her duties.

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Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for services, on instructions of Project Director, DRDA, Annamayya District, would submit that the officials are not interfering with the activities of the petitioner as VOA. He also produced a copy of Circular No.64-7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP.

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The Society where the petitioner has been discharging duties, as VOA, is registered under Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995. Individual or Cooperative societies intending to form into Cooperative Societies under the aforementioned Act, shall frame bye-laws conforming to the principles of cooperation. The membership of the society shall be voluntary and without restrictions of any social, political, rational or religious discrimination to all persons who can make use of its services and are willing to accept the responsibilities of membership. Members of primary Cooperative Societies shall enjoy equal rights of voting and participation in decisions affecting their Cooperative Societies. Section 4 of the Act speaks about the registration of the society and Section 5 prescribes that the society is a body corporate.

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The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salary^{tothesaidindividual.} The Society for Elimination of Rural Poverty, Department of Rural Development, State of Andhra Pradesh, represented by its CEO, is constituted by the State to implement the schemes for elimination of rural poverty as proposed by the Union of India as well as the Government of

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Page 4 of 6

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SRS,J W.P.No.17069 of 2024

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Andhra Pradesh, by issuing circulars from time to time, regarding appointment of Village Organization Assistants, qualifications, procedure for selection, termination, method of payment, duties and obligations.^{Oneofthosecirculars} is circular No.64-/SERP/IB/2018 dated 26.11.2018. Thereafter another Circular No.64-7/SERP/iB/2019 dated 29.08.2019 was issued by Principal Secretary, SERP.

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A perusal of the 2019 circular would manifest that to alleviate poverty and for women empowerment, 27,841 societies were formed in terms of the provisions of A.P.Mutually Aided Co-operative Societies Act, 1995; that those societies are autonomous bodies; that selection, removal and duties of VGA etc., are within the purview of the members of the Society; that the duties and responsibilities of the Staff of the Village Organization are describedⁱⁿ Section 25 of the Act; that the staff members of the Village Organization are answerable and accountable to the Village Organization and their appointment, removal and performance of duties, are as per the bye-laws, rules and regulations framed by the Executive Committee of the Village Organization. 9. The said circular further prescribes that the staff of the CBO/Project should work for development and to achieve financial stability of the Village Organization and they should cooperate and facilitate the development of the Village Organization and shall not influence or interfere with the decisions of the society, (emphasis is mine)

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The circular further prescribes that the staff members of the Village Organization should not indulge in the decision-making process and that the appointments, removal, duties and responsibilities of SangamitraA/OA/ Animator, are to be done by the Village Organization. As per the note in the circular, dated 29.08.2019, it was clarified that no other circulars be issued at the district level. Circular dated 29.08.2019, will be in force till another circular is issued.

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SRS,J W.P.No.17069 of 2024

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7V’

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i^age 5 of 6

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. 11. Learned Assistant Government Pleader for Services would submit that circular dated 29.08.2019 is in force till date. 12. Thus, the aforementioned circular issued by the Principal Secretary commands no interference of the officials with the society's decision-making process except to facilitate. The instructions of the learned Assistant Government pleader would manifest that the officials are not interfering. 13. Given the facts and circumstances of the case coupled with the aforementioned circular issued by the Principal Secretary, SERP, and the instructions furnished by the Project Director, DRDA, Annamayya District, this writ petition is disposed of at the admission stage,^{withtheconsent} of the learned counsel on either side, directing the respondent^Nos.3 to 6 not to interfere with the petitioner’s discharging duties as VGA in Chinthaparti-4 Village, Vayalpadu Mandal, Annamayya District. No costs.

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

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Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

Development Department, State of

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Districf Secretariat Velagapudi, Amaravati, Guntur Innamayya wSrAp"'' Chairman (DRDA), Rayachoti,

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^ Andh^a^{^radesh^^°'^’ (Velugu) Rayachoti, annamayya^District

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The Assistant Project Manager, YSR Kranthi Patham (Velugu) Vayalpadu Mandal, Annamayya District Andhra Pradesh.

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AnLmTytfa' ofsTr^'t'^AP^®'^'^''"'^^ Coordinator, Vayalpadu^Mandal

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Mo® H '^SR Kranthi Patham (Velugu) Vayalpadu Mandal, Annamayya District Andhra Pradesh. vayaipaou

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One CC to Sri D. Kodandarami Reddy, Advocate [OPUC]

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Two CCs to GP for Services IV, High Court of Andhra Pradesh [OUT]

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One CC to Sri Harish Kumar Rasineni, SC for DRDA (OPUC) 10.Three C.D. Copies.

Cnr

HIGH COURT

DATED:18/09/2024

ORDER

WP.No.17069 of 2024

X 2 0 NOV 202^1 -
<5. _ _
^ Current Secuon ^
pespATCV^^

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DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS

V. Rajyalakshmi v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

V. Rajyalakshmi v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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