Disposed

Gwara Jarinaa v. the State of Andhra Pradesh

Andhra Pradesh HC17 Sept 2024WP/20129/2024

Case brief

AI extract

What is this about?

A writ petition filed to stop the State from interfering with a petitioner's posotion as Village Organization Assistant. The Court disposed of the petition at the admission stage, accepting assurances that officials would not interfere.

What did the court decide?

Directing respondents Nos.3 to 6 not to interfere with the petitioner's discharging duties as VOA.

Gwara Jarinaa Vs the State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2024)

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APHC010396632024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3331]

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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 WRIT PETITION NO: 20129/2024

Between:

Gwara Jarinaa

...PETITIONER

AND

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.NAGENDRA BABU PARAGATI

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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.3 to 6 and not allowing the petitioner to discharge her duty as Village Organization Assistant (VOA) in Prasanna Grama Samaikya of Podapadu Village, Peddakurapadu Mandal, Palnadu District, without issuing any notice.

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This Court by order dated 12.09.2024, directed respondent Nos.3 to 6 not to interfere with the petitioner’s discharging duties as VOA of Prasanna Grama Samaikya of Podapadu Village, Peddakurapadu Mandal, Palnadu District, without following due process of law.

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Heard learned counsel on either side.

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Learned counsel for the petitioner submits that in the General Body Meeting held on 08.10.2019 (Ex.P2), the petitioner was elected/nominated as VOA in Prasanna Grama Samaikya of Podapadu Village, Peddakurapadu Mandal, Palnadu District and she has been continuing to discharge her duties as VOA, by virtue of meeting held on 23.09.2023 (Ex.P1). Respondents 3 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 Palnadu, 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 to the said individual. The Society for Elimination of Rural Poverty, Department of Rural

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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 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. One of those circulars 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 VOA etc., are within the purview of the members of the Society; that the duties and responsibilities of the Staff of the Village Organization are described in 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.

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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 Sangamithra/ VOA/Animator, are to be done by the Village Organization . As per the note in

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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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Learned Assistant Government Pleader for Services would submit that circular dated 29.08.2019 is in force till date.

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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.

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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, Palnadu District, this writ petition is disposed of at the admission stage, with the consent of the learned counsel on either side, directing the respondent Nos.3 to 6 not to interfere with the petitioner’s discharging duties as VOA in Prasanna Grama Samaikya of Podapadu Village, Peddakurapadu Mandal, Palnadu District. No costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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___________________________ JUSTICE SUBBA REDDY SATTI

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Dated: 18.09.2024 IKN

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225

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI