Disposed

Bolleddu Koteswara Rao v. the State of Andhra Pradesh

Andhra Pradesh HC11 Sept 2024WP/20152/2024

Case brief

AI extract

What is this about?

A MGNREGS Field Assistant challenged interference with his duties and non-payment of salary pursuant to a memo. On the Standing Counsel's assurance, the court disposed of the petition at admission, directing that respondents not obstruct his duties except by due process.

What did the court decide?

Respondents 5 and 7 directed not to interfere with petitioner's duties as Field Assistant without following due process; no costs.

Bolleddu Koteswara Rao Vs the State of Andhra… — 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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THURSDAY ,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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Or
O
o

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20152 OF 2024

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Between:

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Sri Bolleddu Koteswara Rao, S/o Venkateswarllu, aged 34 years, Occ. Field Assistant, MGNREGS, Jillepalli Village AND Gramapanchayat, R/D.No.1-120, Jillepalli Village, Thotapalli Post, Nagaram Manadal, Bapatia District, Andhra Pradesh-522259

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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 Panchayat Raju and Rural Development Secretariat •. Buildings at Velagapudi, Guntur District, Andhra P'rVdesh.

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

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The Additional District Program Co-Ordinator, District Water

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Management Agency (DWMA), Bapatia District, Andhra Pradesh.

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The District Collector, Bapatia District, Andhra Pradesh.

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The Mandal Parishad Development Officer, Mandal Praja Parishad, Nagaram Mandal, Bapatia District, Andhra Pradesh.

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The Assistant Project Director, (M AND E), District Water Management Agency (DWMA), Bapatia District, Andhra Pradesh.

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APHC010397562024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3331]

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(Special Original Jurisdiction)

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

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20152/2024

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Between:

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Bolleddu Koteswara Rao

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...PETITIONER

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AND

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

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Counsel for the Petitioner:

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1.VSAI KUMAR

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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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The above writ petition is filed to declare the action of respondents 5 to 7 in not allowing the petitioner to discharge duties as Field Assistant in Jillepalli Gram Panchayat & Village, Nagaram Mandal, Baptala District and not paying salaries under the garb of Memo in Rc.No.03/EGS/NAG/2024-²⁵

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dated 17.08.2024, as illegal and arbitrary.

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Page 2 of 4

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SRS J W.P.No.20152 of 2024

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Heard learned counsel appearing on either side.

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Learned counsel for the petitioner would submit that the petitionerwas appointed as Field Assistant on 20.10.2019. The petitioner has been discharging his duties as Field Assistant without any remarks. Since 09.08.2024, respondents 5 & 7 started interfering with the petitioner’s discharging duties. The petitioner was not paid the salary for July, 2024. Respondent No.5 issued a Memo vide Rc.No.03/EGS/NAG/2024-25 , dated 17.08.2024. Hence, the above writ petition

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Sri M.S.R Chandra Murthy learned Standing Counsel submitted instructions of respondent No.2 vide Rc.No.840/2020-SA-3 dated 12.09.2024. A perusal of the instructions would disclose that the petitioner, who is working as a Field Assistant, failed to attend the meetings and also provide work to the wage seekers. The petitioner also failed to complete records and acted negligently. Hence, the notice was issued. Since the petitioner failed to attend duties, the salary for July 2024 was not paid. The petitioner also failed to submit the explanation to the notice dated 17.08.2024.

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Thus, as seen from the material available on record, there is no dispute about the petitioner’s appointment as Field Assistant on 20.10.2019. The learned counsel for the petitioner contends that respondents 5 & 7 are interfering with the discharging of his duties from 09.08.2024. However, the same was denied by respondent No.2 who is competent. As seen from the

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Page 3 of 4

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SRS,J W.P.No.20152 of 2024

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instructions submittGd by thG l6arn6cl Standing Counssl^{thGpstitionsrfailodto} attend the duties, hence, the salary was not paid for^July2024. There is no dispute that a memo/notice was issued to the petitioner^{andthepetitioner} failed to reply to the notice.

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that if the 6. At the hearing, learned Standing Counsel would submit petitioner attends the duty, respondent authorities^will not interfere with the petitioner’s discharging duties. 7. Given the facts and circumstances of the case, the^Writ Petition is disposed of, at the stage of admission with the consent^{ofboththelearned} counsel, without touching other issues, directing the^{respondents5&7notto} interfere with the petitioner’s discharging duties^as Field Assistant, without

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following due process. There shall be no order as to^costs.

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

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//TRUE COPY//

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Sd/- B. PRASADA RAO ASSISTANT REGISTRAR

/e-

SECTION OFFICER

To,

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

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The Project Director, District Water Management^{Agency(DWMA),} Bapatia District, Andhra Pradesh.

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The Additional District Program Co-Ordinator, District^Water

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Management Agency (DWMA), Bapatia District, Andhra^Pradesh.

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The District Collector, Bapatia District, Andhra^Pradesh.

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The Mandal Parishad Development Officer, Mandal Praja Parishad, Nagaram Mandal, Bapatia District, Andhra Pradesh.

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The Assistant Project Director, (M AND E), District Water Management Agency (DWMA), Bapatia District, Andhra Pradesh.

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The Panchayat Secretary, Jillepalli Panchayath AND Village, Nagaram Mandal, Bapatia District, Andhra Pradesh.

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One CC to Sri. V Sai Kumar Advocate [OPUC]

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Two CCs to GP For Services IV ,High Court Of Andhra Pradesh. [OUT] 10. Two CCs to GP For Rural Development, High Court of^Andhra Pradesh [OUT]

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One CC to Sri M S R Chandra Murthy, Advocate[OPUC]. 12. One CC to Sri K M Krishna Reddy, Advocate [OPUC]. 13. Three CD Copies

HIGH COURT

D: 12/09/2024

»c. ' /

<' %.

ORDER

WP.No.20152 of 2024

DISPOSING OF THE WP WITHOUT COSTS

Bolleddu Koteswara Rao v. the State of Andhra Pradesh

Case brief

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Bolleddu Koteswara Rao v. the State of Andhra Pradesh

Case brief

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