Disposed

Karlapudi Venkata Krishnaiah v. the State of Ap

Andhra Pradesh HC18 Sept 2024WP/20622/2024

Case brief

AI extract

What is this about?

Field Assistant under MGNREGS alleged respondents stopped him from attending duty without notice. Standing counsel stated no instructions were issued to obstruct him. Court disposed of the petition directing respondents 5 and 6 not to interfere with his duties without due process of law.

What did the court decide?

Respondents 5 & 6 directed not to interfere with petitioner's discharge of duties as Field Assistant without following due process of law; no costs.

Karlapudi Venkata Krishnaiah Vs the State of Ap — 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 NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20622 OF 2024

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Between:

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Karlapudi Venkata Krishnaiah, S/o. Bujjaiah, aged about 46 years, Occp: Field Assistant, R/o. Jarugumalli Grama Panchayat, Kota Mandal, Tirupati District. ...PETITIONER

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AND

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The State of AP, Rep. by Principal Secretary, (Panchayat Raj and Rural Development), Secretariat Buildings, Velagapudi, Guntur^District.

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The Commissioner, Rural Development/State Programme^Coordinator of Mi.G. National Rural Employment Guarantee Scheme (MGNREGS) Vijayawada, Krishana District.

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The District Collector / District Programme Co-ordinator, Tirupati District, Tirupati.

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The Project Director, District Water Management Agency, Tirupati, Tirupati District.

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The Mandal Parishad Development Officer, Kota MandaLTirupati District

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The Additional Programme Officer, MGNREGS, Kota Mandal, Tirupati District.

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...RESPONDENTS

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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 the Writ order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents No. 5 and 6, who has not allowing the petitioner to attend for his duty as field Assistant at Jarugumalli Grama Panchayat of Kota Mandal, Tirupati District, without following due procedure of law as illegal, arbitrary and

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against the principles of natural Justice and violation of Article 14, 21 and 300-A of Constitution of India and Consequently directing the Respondent Authorities to allow the petitioner for works as field Assistant for Jarjugumalli Grama Panchayat of Kota Mandal, Tirupati^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 writ petition, the High Court may be pleased to direct the respondent authorities to consider the request of the petitioner by allowing the petitioner to attend for duty as Field Assistant for Jarugumalfi Grama Panchayat of Kota Mandal, Tirupati District,. Pending disposal of the above writ petition pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI K. NAGARAJU FOR

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SRI V. ROOPESH KUMAR REDDY

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Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES^IV Counsel for the Respondent Nos.3, 4 & 6 : SRI M.S.R.^CHANDRA MURHTY, SC FOR MGNREGS ^

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Counsel for the Respondent No.5 : SMT. B.V. APARNA LAKSHMI, SC FOR MPDO

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The Court at the stage of admission made the following:^ORDER

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[3331]

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APHC010403!)02024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI m (Special Original Jurisdiction)

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THURSDAY ,THE NINETEENTH 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: 20622/2024

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Between:

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Karlapudi Venkata Krishnaiah ...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.V ROOPESH KUMAR REDDY

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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 under Article 226 of the Constitution of

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India seeking the following relief:

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“.. to issue the Writ order or Direction more particularly^{inthenatureofWrit} of Mandamus declaring the action of the Respondents No. 5 & 6. who has not allowing the petitioner to attend for his duty as field Assistant at Jarugumalli Gram Panchayat of Kota Mandal, Tirupati District, without following due procedure of law as illegal, arbitary and against the principles

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Page 2 of 4

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SRS,J W.P.No.20622 of 2024

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of natural Justice and violation of Article 14, 21 & 300-A of Constitution^of allow the India and Consequently directing the Respondent Authorities to field Assistant for Jarugunnalli Gram Panchayat of petitioner for works as Kota Mandal, Tirupati District and to pass such other^{orderororders} ...

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Heard Sri K.Nagaraju, learned counsel representing Sri V.Roopesh Kumar Reddy learned counsel for the petitioner and learned Assistant Government Pleader for Services appeared for respondent Nos.1 & 2 and Sri M.S.R.Chandra Murthy, learned Standing Counsel appeared for and Smt.B.V.Aparna Lakshmi, learned Standing respondents 3, 4 & 6 Counsel appeared for respondent No.5.

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Learned counsel for the petitioner would submit that^{thepetitionerwas} appointed as Field Assistant in Jarugumalli Gram Panchayat, Kota Mandal, under MGNREGS and he joined in the service on 01.07.2017. Tirupati District Since, then the petitioner has been discharging his^{duties.Respondents5&6} without issuing any notice are not allowing the petitioner^todischarge his duties as Field Assistant.

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Sri M.S.R.Chandra Murthy, learned Standing Counsel,^{oninstructionsof} the Project Director, DWMA Tirupati, would submit that^{theProjectDirectordid} written instructions to respondents 5 & 6. He also^would not issue any oral or submit that respondents 5 & 6 wiii not obstruct the^{petitionerfromdischarging} duties as Field Assistant.

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Page 3 of 4

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SRS,J W.P.No.20622 of 2024

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5, Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of the learned counsels, directing the respondents 5 & 6 not to interfere with the petitioner’s discharging duties as Field Assistant, without following due process of law. There shall be no order as to costs.

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

//TRUE COPY//

SECTION OFFICER

The Principal Secretary, (Panchayat Raj and Rural Development), State of AP, by Secretariat Buildings, Velagapudi, Guntur^District.’

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The Commissioner, Rural Development/State Programme^Coordinator of M.G. National Rural Employment Guarantee Scheme (MGNREGS) Vijayawada, Krishana District.

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The District Collector / District Programme Co-ordinator, Tirupati District, Tirupati.

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The Project Director, District Water Management Agency, Tirupati, Tirupati District.

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The Mandal Parishad Development Officer, Kota Mandal Tirupati District

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The Additional Programme Officer, MGNREGS, Kota Mandal Tirupati District.

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One CC to Sri V. Roopesh Kumar Reddy, Advocate [OPUC]

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

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One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS (OPUC)

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10.One CC to Smt. B.V. Aparna Lakshmi, SC for MPDO (OPUC)

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11 .Three C.D. Copies.

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HIGH COURT

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DATED:19/09/2024

ORDER

WP.No.20622 of 2024

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

Karlapudi Venkata Krishnaiah v. the State of Ap

Case brief

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Karlapudi Venkata Krishnaiah v. the State of Ap

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