Writ petition seeking direction to prevent respondent officials from interfering with petitioner's duties as Village Organization Assistant. Court disposed of petition at admission stage on consent.
Directed respondent Nos. 6 & 7 not to interfere with petitioner's discharging duties as VOA without following due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
.«
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 17504 OF 2024
Between:
Jp
...PETITIONER(S)
(Writ Petition is ‘dismissed as WITHDRAWN’ in so far the Petitioner No. 1 to 3 and 5 to 12 are concerned as per C.O. dt9/8/24inPetition& Affidavit)
AND
Jp
...RESPONDENTS
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 Writ of Mandamus to declare the action of the respondents 6 and 7 in not allowing the petitioners 1 to 11 and 12 respectively, to attend their regular duties as Village Organization Assistants, though their tenure is not completed as per the resolution passed by the Annual Mahajan Meeting conducted on 09.08.2022, without their being any notice or opportunity to the petitioners and the records pertaining to the duties of petitioners are taken by the 6th and 7th respondents is illegal, arbitrary, unjust, in violation of principles of natural justice, contrary to the resolution dated 09.08.2022 and other meetings and other resolutions pertaining to the other petitioners of VO and other meetings and resolutions of VO in Lakkavarapu Kota
Jt
Mandal and Vepadu Mandal, contrary to the para 10 ofthecircularNo.64- 8/911/SERP/IB/Grama Sangha Assistant/2019, dated 06.11.2019 issued by the 3rd respondent and in violation of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondentstocontinue the petitioners to perform their duties as Village Organization Assistants (VOAs) with continuity of service and all other benefits.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioners as Village Organization Assistants (VOAs) in their respective villages under the control of respondents 6 and 7, pending disposal of the above writ petition.
Counsel for the Petitioner(s): SRI V PADMANABHA RAO
Counsel for the Respondents 1 to 3 : SRI R.S. MANIDHAR PINGALI, GP FOR SERVICES IV
Counsel for the Respondents 4 to 7 : GP FOR WARD & VILLAGE SECRETARIET
The Court made the following: ORDER
A
APHC010343022024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3331]
FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 17504/2024
Between:
Page 2 of 8
VIZIANAGARAM, ANDHRA
...PETITIONER(S)
AND
1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY,
Page 3 of 8
PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
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 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents 6 and 7 in not allowing the petitioners 1 to 11 and 12 respectively, to attend their regular duties as Village Organization Assistants, though their tenure is not completed as per the resolution passed by the Annual Mahajan Meeting conducted on 09.08.2022, without their being any notice or opportunity to the petitioners and the records pertaining to the duties of petitioners are taken by the 6th and 7th respondents is illegal, arbitrary, unjust, in violation of principles of natural justice, contrary to the resolutiondated09.08.2022and
Page 4 of 8
Other meetings and other resolutions pertaining to the other petitionersof VO and other meetings and resolutions of VO in LakkavarapuKotaMandaland Vepadu Mandal, contrary to the para 10 of the circular No.648/911/SERP/IB/Grama Sangha Assistant/2019, dated 06.11.2019 issued by the 3rd respondent and in violation of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to continue the petitioners to perform their duties as Village Organization Assistants (VOAs) with continuity of service and all other benefits and pass
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to continue the petitioners as Village Organization Assistants (VOAs) in their respective villages under the control of respondents 6 and 7, pending disposal of the above writ petition and pass
Counsel for the Petitioner{S):
1.VPADMANABHA RAO
Counsel for the Respondent(S):
1.GP FOR SERVICES IV
The Court made the following ORDER:
This writ petition is filed complaining about interference by respondent Nos.6 & 7 and not allowing the 4*^ petitioner to discharge her duty as Village Organization Assistant (VOA) of LKS Puram Village, Lakkavarapu Kota Mandal, Vizianagaram District, without issuing anynotice. 2. On 09.08.2024, the writ petition in respect of the petitioners 1 to 3, 5 to 12 is dismissed as withdrawn with liberty to file fresh writ petition. This Court further directed the 6‘'^ respondent not to interfere with the 4*'^ petitioner’s discharging duties as VOA of LKS Puram Village, LakkavarapuKotaMandal, Vizianagaram District, without following due processoflaw.
Page 5 of 8
- Heard learned counsel on either side.
- Learned counsel for the petitioner submits that the 4*^ petitioner has been continuing to discharge her duties as VOA, byvirtueofresolutiondated 09.08.2022 (Ex.P.3). Respondent Nos.6 & 7 without issuing any notice, are not allowing the 4‘^ petitioner to discharge her duties.
- The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salarytothesaidindividual. The Society for Elimination of Rural Poverty, Department of Rural Development, State of Andhra Pradesh, represented by its CEO, is
Page 6 of 8
constituted by the State to implement the schemes forelimination of rural poverty as proposed by the Union of India as well astheGovernmentof Andhra Pradesh, by issuing circulars from time to time,regardingappointment 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.
- A perusal of the 2019 circular would manifest thattoalleviatepoverty and for women empowerment, 27,841 societies were formedintermsofthe provisions of A.P.Mutually Aided Co-operative SocietiesAct,1995;thatthose societies are autonomous bodies; that selection, removalanddutiesofVGA etc., are within the purview of the members of the Society: that the duties and responsibilities of the Staff of the Village OrganizationaredescribedinSection 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, areasperthebye-laws, rules and regulations framed by the Executive Committee of the Village Organization.
- The said circular further prescribes that the staff of the CBO/Project should work for development and to achieve financialstabilityof theVillage Organization and they should cooperate and facilitatethedevelopmentofthe Village Organization and shall not influence or interferewiththedecisions of the society, (emphasis is mine)
- The circular further prescribes that the staff membersoftheVillage Organization should not indulge in the decision-makingprocessandthatthe appointments. removal duties and responsibilities of
Page 7 of 8
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.
- Learned Assistant Government Pleader for Services would submit that circular dated 29.08.2019 is in force till date.
- 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-Velugu, Vizianagaram District, this Writ Petition in respect of petitioner is disposed of at the admission stage, with the consent of the learned counsel on either side, directing the respondent Nos.6 & 7 not to interfere with the petitioner’s discharging duties as VGA of LKS Puram Village, Lakkavarapu Kota Mandal, Vizianagaram District. No order as to costs.
As a sequel, pending miscellaneous petitions, if any,shallstandclosed.
SDI- B.PRASAD RAO //TRUE COPY// assistant! REGISTRAR
To.
SEchoN OFFICER
- Three CD Copies
Madhu
HIGH COURT
DATED:20/09/2024
ORDER
WP.No.17504 of 2024
ANOW^
X m
2 6 NOV aoz*!
o
5^ Current beciior!
DISPOSING THE WP AT ADMISSION STAGE WITHOUT COSTS
1 issue framed by the court
Whether High Court should issue direction to prevent interference by project officials with the petitioner's discharge of duties.
Maddela Syamala
The State of Andhra Pradesh, Rep. by its Principal Secretary
The Assistant Project Manager, Velugu Office, Lakkavarapukota, Vizianagaram
The Assistant Project Manager, Velugu Office, Vepadu, Vepadu Mandal, Vizianagaram
SUBBA REDDY SATTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
