Disposed

J Amaramma v. the State of Ap

Andhra Pradesh HC17 Sept 2024WP/20197/2024

Case brief

AI extract

What is this about?

A Village Organization Assistant alleged officials were obstructing her from discharging duties in her Gram Panchayat without notice. Relying on a 2019 SERP circular barring official interference with cooperative societies' decisions and the government's assurance of non-interference, the court disposed of the writ petition directing respondents not to interfere.

What did the court decide?

Respondents 2 to 5 directed not to interfere with petitioner discharging duties as Sangamithra/VOA; no costs; pending miscellaneous petitions closed.

J Amaramma Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT 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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w £>

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20197 OF 2024

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■ Between:

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J Amaramma, W/o.J.Ananda Reddy, Aged about 46 years, Occ Village Organization Assistant (VOA), R/o. D.No. 1-5, Chinna Baldar, H/o. Gorivimakulapalle, Ramakuppam Mandal, Chittoor District

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..Petitioner

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AND

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The State of Ap, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Amaravati, Guntur District.

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The Project Director, District Rural Development Agency, Chittoor District,

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The Assistant Project Director, District Rural Development Agency, Ramakuppam Mandal, Chittoor District,

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The Community Co-ordinator, District Rural Development Agency, Ramakuppam Mandal, Chittoor District,

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The Mandal Mahila Paraspara Sahayaka Sahakara Podupu^and Parapathi Sangam Limited, Ramakuppam Mandal, Chittoor^District.

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..Respondents

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Petition under Article 226 of the Constitution of India praying that in

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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

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, nature of Writ of Mandamus declaring the action of the 4*^ respondents in giving oral instructions to the petitioners not to attend their duties as Village Organizer Assistants in their respective villages without issuing any notice to the petitioners under political involvement illegal arbitrary and violative of Principles of Natural Justice and violative^{ofArticles14and21} of Constitution of India and as consequently direct the 4*^ respondent not to restrain the petitioners from discharging their duties as Village Organizer Assistants VAO in Gorivimakulapalle Gram Panchayat, Ramakuppam Mandal, Chittoor District.

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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 to direct the 4 th respondent not to restrain the petitioners from discharging their duties as Village Organizer Assistants VAO in Gorivimakulapalle Gram Panchayat, Ramakuppam Mandal, Chittoor District.

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Counsel for the Petitioner: SRI. PRAKASH C

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Counsel for the Respondent No’S 1 to 4: GP FOR SERVICES^IV

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Counsel for the Respondent No 5: -

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The Court made the following : ORDER

[3331]

APHC010398312024

IN THE HIGH COURT OF ANDHRA PRADESH AT 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 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20197/2024

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Between:

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J Amaramma ...PETITIONER

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AND

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The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.PRAKASH C

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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 No.4 and not allowing the petitioner to discharge her duty as Village Organization Assistant (VOA) in Gorivimakulapalle Gram Panchayat, Ramakuppam Mandal, Chittoor District, without issuing any notice. 2. This Court by order dated 13.09.2024, directed respondent^Nos.2to5 not to interfere with the petitioner’s discharging duties as VOA in Gorivimakulapalle Gram Panchayat, Ramakuppam Mandal,^{ChittoorDistrict,} without following due process of law.

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Page 2 of 5

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Heard learned counsel on either side.

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Heard learned counsel on either side. 4. Learned counsel for the petitioner submits that petitioner^wasappointed as VOA in Gorivimakulapalle & as V02 at Ramakuppam^{Mandal,morethan} and she has been continuing to discharge her duties^asVOA,by 15 years ago virtue of meeting held on 09.07.2024 (Ex.P1). Respondents^2to 5, without issuing any notice, are not allowing the petitioner^{todischargeherduties.}

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

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The Society where the petitioner has been discharging^{duties,asVOA,} is registered under Andhra Pradesh Mutually Aided Cooperative^{SocietiesAct,} 1995. Individual or Cooperative societies intending^{toformintoCooperative} Societies under the aforementioned Act, shall frame^{bye-lawsconformingto} the principles of cooperation. The membership of the society shall be voluntary and without restrictions of any social, political,^{rationalorreligious} discrimination to all persons who can make use of its^{servicesandarewilling} to accept the responsibilities of membership. Members^{ofprimaryCooperative} Societies shall enjoy equal rights of voting and participation in decisions affecting their Cooperative Societies. Section 4 of^{theActspeaksaboutthe} registration of the society and Section 5 prescribes^{thatthesocietyisabody} corporate. 7. The members of the society, normally, elect one among^{themasVillage} 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 ]

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(

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poverty as proposed by the Union of India as well as^{theGovernmentof} 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 thet to alleviate poverty and for women empowerment, 27,841 societies were formed^intermsofthe provisions of A.P.Mutually Aided Co-operative Societies^{Act,1995;thatthose} societies are autonomous bodies; that selection, removal^{anddutiesofVGA} etc., are within the purview of the members of the Society; that the duties and responsibilities of the Staff of the Village Organization^{aredescribedinSection} 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^ofthe CBO/Project should work for development and to achieve financial stability of the Village Organization and they should cooperate and facilitate^{thedevelopmentofthe} Village Organization and shall not influence or interfere^{withthedecisions} 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^{perthenoteinthe} circular, dated 29.08.2019, it was clarified that no^{othercircularsbeissuedat}

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the district level. Circular dated 29.08.2019, will^beinforce 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 oral instructions of the learned Assistant Government Pleader, this writ petition is disposed of at the admission stage, with the consent^{ofthelearnedcounselon} either side, directing the respondent Nos.2 to 5 not to interfere with the petitioner’s discharging duties as Sangamithra / VGA in Gorivimakulapalle Gram Panchayat, Ramakuppam Mandal, Chittoor District.^Nocosts.

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To,

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.} SDI- K.SRINIVASA RAJU //TRUE COPY// ASSISTANT REGISTRAR c/SECTION OFFICER

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