Dismissed

B.Naga Raju v. The State of Andhra Pradesh

Andhra Pradesh HC11 Sept 2024WP/20146/2024

Case brief

AI extract

What is this about?

High Court disposed of a writ petition under Article 226 and Section 151 CPC at the stage of admission by consent. It directed respondents not to interfere with petitioners' duties as Field Assistants/Senior Mates without following due process of law.

What did the court decide?

Direction issued to respondent Nos. 4 & 5 not to interfere with petitioners' discharging duties as Field Assistants and Senior Mates without following due process of law.

B.Naga Raju Vs The State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2024)

¶1

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

¶2

twelfth day of SEPTEMBER

¶3

THURSDAY, THE and twenty four TWO THOUSAND

¶4

SUBBA REDDY SATTI

¶5

THE honourable SRI JUSTICE . ypiAfi OF 2024 xa/riT PETITIQIINOa—

¶6

-0'“
;oi
O
o L Sf

¶7

Between; late Venkata Swarny, Aged.49 yeare Occ; Field 1. B.Naga Raju, S/o Panchayat, R/o. H.No.5Assistant Ayyagari pa"e Gram Panchayat, Putalapattu H.W. Ayyagari palle Gram

¶8

24,Andravaripalle MandaL, Chittoor District Occ Field Assistant,

¶9

MandaL, Chittoor District Occ Field Assistant, Lokanatham, Aged.38 years

¶10

2 T.Naresh Kumar, S/o Potukanam .1-6,Harijanawada

¶11

Panchayat, R/o.H.No

¶12

Potukanam Gram Gram Panchayat Chittoor District. Field Assistant, -, Occ

¶13

Gram Panchayat Chittoor District. Field Assistant, -, Occ

¶14

Kumar Aged.40 years

¶15

W/o.K. Kiran

¶16

1. p.Anuradha 10, Nayanampalli Village, Panchayat,R/o. H.No.21-

¶17

Vavilthota Gram Mandal, Chittoor District.

¶18

Vavilthota, Puthalpattu Occ Field Assistant

¶19

Vavilthota, Puthalpattu Occ Field Assistant of Bhaskar Aged 45 years

¶20

4 p Gowri, W/o. P- Ramreddypalli, Puthalapattu H.No.6-90 A.H.W.

¶21

Biatapalli Panchat, R/o Mandal Chittoor District , Occ Field Assistant,

¶22

Mandal Chittoor District , Occ Field Assistant,

¶23

Sankaraiah Aged 49 years

¶24

R G Puspharaju, S/o S/o . oddepalli, Puthalapattu

¶25

Oddepalli Grampanchayt, R/o.H.No.3-33 H. Mandal Chittoor District , Occ Field

¶26

Mandal Chittoor District , Occ Field K.Pradeep Aged 32 years

¶27

R j/SUyothi, D/o Rai3 Reddy, W/o Gram Panchayat, Puthalapattu Mandal. Chittoor occ.Senior Mate. Erra

¶28

1. S.Vinith Kumar, ^^^2-26, Arundathlwada, Erra Cheruvupalli Gram Panchayat, Cheruvupalli. putalapattu MandaL, Chittoor District

¶29

S Jayanthi, W/o Subramanyam Achari Aged 40 years. Senior Mate,Pantapalli Gram Panchayat, R/o.H.No.3-21 ,Padimgalli Pantapalli Panchayat Putalapattu Manda, Chittoor District 9. Gnana Sekhar M, S/o Yuva Raju M aged 29 years, Occ Field Assist, Paturu Paturu Gram Panchayat R/o.H.No.7-78, Kothapalle Puthalapattu Mandal, Chittoor District

¶30

...PETITIONERS

¶31

AND

¶32

The State of Andhra Pradesh, Rep by its PrI. Secretary, Panchayatraj and Rural Development Department, Secretariat ,Amravati,^Guntur District

¶33

Member Secretary SRDS, O/o Commissioner Panchayatraj^andRural Development Department, Tadapalli, Guntur District

¶34

The District Collector, Chittoor District Chittoor AP (P. Wing) 4. Project Director DWMA, District water Management Agency Chittoor District Chittoor AP

¶35

The Mandal Parishad Development Officer, Puthalpattu Mandal, Chittoor District AP

¶36

...RESPONDENTS

¶37

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 or writs more particularly^{inthenatureofwritof} mandamus declaring the impugned action of the respondents in preventing the petitioners from attending their duties as Field Assistants/Senior Mates and threatening to terminate the services of the petitioners by hook or crook though the petitioners have not committed any irregularities^ormisconduct and without any notice or opportunity and insisting the petitioners to submit resignation to their posts as illegal, arbitrary, high handed, discriminatory, violation of principles of natural justice and cannot be justified in the eye of law and consequently direct the respondents to continue the petitioners as

¶38

Field Assistants/Senior Mates in their respective gram panchayats \A/ith all consequential benefits in the interest of justice.

¶39

lA NO: 1 OF 2024

¶40

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 to direct the respondents to allow the petitioners to discharge their duties as Field Assistants/Senior Mates by continuing^them in service in their respective Gram Panchayats without insisting the petitioners to submit resignation to their posts pending disposal of the above Writ Petition in the interest of justice.

¶41

Counsel for the Petitioner: SRI CH. SRINIVAS

¶42

Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES IV

¶43

Counsel for the Respondent No.4; SRI M.S.R. CHANDRA MURTHY, SC

¶44

FOR DWMA

¶45

Counsel for the Respondent No.5: SMT. B.V.APARNA LAKSHMI,^SCFOR

¶46

MPDO

¶47

The Court made the following: ORDER

¶48

¶49

APHC010397802024

¶50

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0??:5 (Special Original Jurisdiction)

¶51

[3331]

¶52

THURSDAY .THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶53

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

¶54

WRIT PETITION NO: 20146/2024

¶55

Between;

¶56

B.naga Raju and Others ...PETITIONER{S)

¶57

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

¶58

Counsel for the Petitioner(S):

¶59

1.CH SRINIVAS

¶60

Counsel for the Respondent{S): 1.GP FOR SERVICES IV

¶61

:: ORDER ::

¶62

The above writ petition is filed under Article 226 of the Constitution of

¶63

India seeking the following relief;

¶64

...to issue a writ or writs more particularly in the nature of writ of

¶65

mandamus declaring the impugned action of the respondents in preventing the petitioners from attending their duties as Field Assistants/Senior Mates and threatening to terminate the services of the petitioners by hook or crook though the petitioners have not committed any irregularities or

¶66

misconduct and without any notice or opportunity and insisting the

¶67

Page 2 of 4

¶68

SRS,J W.P.No.20146 Of 2024

¶69

petitioners to submit resignation to their posts as illegal, arbitrary, high handed, discriminatory, violation of principles of natural justice and cannot be justified in the eye of law and consequently direct the respondents to continue the petitioners as Field Assistants/Senior Mates in their respective gram panchayats with all consequential benefits in the interest of justice and pass such other order or orders ...”

¶70

Heard Sri Ch.Srinivas, learned counsel for the petitioners^andlearned Assistant Government Pleader for Services appeared for respondentNo.1 and Sri M.S.R.Chandra Murthy, learned Standing Counsel appeared for respondents 2 to 4 and Smt.B.V.Aparna Lakshmi, learned Standing Counsel a-ppeared for respondent No.5.

¶71

Learned counsel for the petitioners would submit that petitioners 1 to 6 & 9 are working as Field Assistants and petitioners 7 & 8 are working as Senior Mates in their respective Gram Panchayats in Chittoor District. Respondent Nos.4 & 5 are preventing the petitioners from discharging their duties, without following due process. Hence the writ petition.

¶72

Sri M.S.R.Chandra Murthy, learned Standing Counsel,^{oninstructionsof} the Project Director - respondent No.4, would submit that neither respondent No.4 nor respondent No.5 is preventing the petitioners from attending duties. He also would submit that salaries to the petitioners were cleared up to June 2024. He also would submit that respondent authorities^{willnotinterferewith} the petitioners’ discharging duties, without following due process.

¶73

Page 3 of 4

¶74

SRS.J W.P.No.20146 of 2024

¶75

(

¶76

Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent^{ofboththelearned} counsel, directing the respondent Nos.4 & 5 not to interfere with the petitioners’ discharging duties as Field Assistants^{andSeniorMates,without} following due process of law. There shall be no order^astocosts.

¶77

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

¶78

//TRUE COPY//

¶79

SD/- K.SRINIVASA RAJU assistant registrar V SECtiON OFFICER

¶80

To,

¶81

A. |The PrI. Secretary, Panchayatraj and Rural Development Department, State of Andhra Pradesh, Secretariat, Amravati, Guntur^District

¶82

Member Secretary SRDS, O/o Commissioner Panchayatraj^andRural Development Department, Tadapalli, Guntur District

¶83

The District Collector, Chittoor District, Chittoor AP (P Wing)

¶84

Project Director DWMA, District water Management Agency, Chittoor District, Chittoor, AP

¶85

The Mandal Parishad Development Officer, Puthalpattu Mandal, Chittoor District, AP

¶86

One CC to Sri Ch. Srinivas Advocate [OPUO

¶87

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

¶88

One CC to Sri M.S.R. Chandra Murthy, SC for DWMA[OPUC]

¶89

One CC to Smt. B.V. Aparna Lakshmi, SC for MPDO[OPUC] 10. Three CD Copies.

ssb

k.!

HIGH COURT

DATED: 12/09/2024

ORDER

WP.No.20146 of 2024

X 0 It OCT mil I
%% Current Section *
^ PgSPATCt^^^

¶98

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

B.Naga Raju v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B.Naga Raju v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

B.Chittibabu Vs The State of Andhra Pradesh

G Ramachandra Rao Vs the State of Ap

Potnuru Venkata Tavitayya Vs Potnuru Venkata Murali Krishna

M Kameswara Rao Vs the State of Ap

Govatati Tirupathi Rao, Vs The State of Andhra Pradesh

Shaik Abdul Waheed Vs the State of Ap