Dismissed

Sk Chand Begum v. the State of Andhra Pradesh

Andhra Pradesh HC22 Sept 2024WP/20839/2024

Case brief

AI extract

What is this about?

A writ petition challenging respondents for preventing MPB election winners from working as Village Organization Assistants. The court disposed of the matter after receiving legal submissions and a government circular stating no official interference.

What did the court decide?

Directed respondents Nos. 3 to 6 not to interfere with petitioners discharging duties as Sangamithra/VOA.

Sk Chand Begum Vs the State of Andhra Pradesh — 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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MONDAY, THE TWENTY THIRD 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: 20839 OF 2024

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Between:

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SK Chand Begum, W/o.Lal Ahmed, Aged about 48 years,^Occ.House Wife, R/o.Near Indian Bank, Jujjuru Village, Veerullapadu^Mandal,NTR District.

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Yaramala Babu Rao, S/o.Yohan, Aged about 51 years,^{R/o.H.No.5-178,} Alluru Village, Veerullapadu Mandal, NTR District.

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Sandepogu Susmitha, W/o.Gopinath, Aged about 31^{years,R/o.H.No.3-} 110, Ponnavaram Village, Veerullapadu Mandal, NTR District.

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Bojjagani Triveni, W/o.Kishore, Aged about 30 years,^{R/o.Thatigummi,} Veerullapadu Mandal, NTR District.

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Bejjam Prasanthi, W/o.Bejjam Prakash Rao, Aged bout^5-134/1,SC Colony, Alluru, Veerullapadu Mandal, NTR District.

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Thandra Sujatha, W/o.NTR Rao, Aged about 39 years,^{R/o.H.No.2-4,} Gudem Madhavaram, NTR District.

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Merugumala Nirmala, W/o.Nagaraju, aged about 40^{years,R/o.H.No.1-} 63, SC Colony, Jagganadhapuram, Juzzur, NTR District.

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Nippulapalli Swathi, W/o.Mahesh, Aged about 30 years, R/ o.H.No.2163, Peddapuram Veerullapadu Mandal, NTR District.

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Thota Radha, W/o.Srinivasa Rao, Aged about 40 years,^{R/o.H.No.1-15,} Dachavaram, NTR District.

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Shaik Shameela, W/o.Khaja, Aged about 25 years, R/^o.H.No.4- 12, Jujjuru Village, Veerullapadu Mandal, NTR District.

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Guduru Nagamma, W/o.Krishna Reddy, Aged about 36 years,^R/ o. H. No.4- 141, Jayanthi Village, Veerullapadu Mandal,^NTRDistrict.

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Pasupuleti Lakshmi, W/o.Kondalrao, Aged about 35 years, R/o.H.No.1-26, Jayanthi Road, Nayudu Bazar, Peddapuram.^Village, Veerullapadu Mandal, NTR District.

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Gude Suneetha, W/o.Vijay Ram, Aged about 42 years, R/o.H.No.4-43, Near Bus Stand, Veerullapadu Village^{andMandal,NTR} District.

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Kanakarn Kavitha, W/o.Venkateswararao, Aged about 38^years, R/o.H.No.3-25, Doddadeverapadu Village, Veerullapadu^Mandal,NTR District.

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Nelapatla Sushma, W/ o. S ankarrao , Aged about 32^years,R/o H. No. 1-77, Jayanthi Village, Veerullapadu Mandal,^NTRDistrict.

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Vellanki Rani, W/o.Vijay, Aged about 26 years R/o.H.No.6-58, SC Colony, Peddapuram Village, Veerullapadu Mandal,^NTRDistrict ...Petitioners

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary,^Rural Development Department, Secretariat, Velagapudi, Amaravathi,^Guntur District.

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2 The Chief Executive Officer, Society for Elimination^{ofRuralPoverty} Department of Andhra Pradesh, 2"^^ Floor, NTR Administrative^Block Pandit Nehru Bus Station, Vijayawada, NTR District.

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The Project Director DRDA, Vijayawada, NTR District.

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The Area Coordinator SERP, Nandigama, NTR District.

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The Assistant Project Manager, SERP, Veerullapadu,^NTRDistrict.

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The Cluster Coordinator, SERP, Veerullapadu, NTR^District.

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...Respondents

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Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue a writ, order or direction more^{particularlyoneinthe} nature of writ of Mandamus to declare the action of^{theRespondentsinnot} allowing the Petitioners to work as Village Organization Assistants in respective groups as mentioned in the Annexure even^{thoughtheirtenureis} in vogue, without issuing any notice, order or communication^asarbitrary, illegal, in violation of Article 14 of the Constitution^{ofIndiaandconsequently} direct the Respondents to allow the Petitioners to^{workintheirrespective} groups as mentioned in Annexure as Village Organization^{Assistantstillthey} complete their tenure as per the resolutions of their^{respectivegroupinthe} Village in the interest of justice.

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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,^{theHighCourtmaybe} pleased to direct the Respondents to allow the Petitioners^towork in their respective groups as Village Organization Assistants^{tilltheycompletetheir} tenure as per the resolutions of their respective groups in the Village pending disposal of the Writ Petition in the interest^{of justice.}

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Counsel for the Petitioners: SRI B.RAGHAVA REDDY

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Counsel for the Respondents; GP FOR SERVICES

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The Court made the following order:

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APHC010406682024

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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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MONDAY .THE TWENTY THIRD 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: 20839/2024

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Between:

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Sk Chand Begum and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.B RAGHAVA REDDY

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Counsel for the Respondent(S):

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1 .GP FOR PANCHAYAT RAJ RURAL DEV

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The Court made the following:

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This writ petition is filed complaining about interference by respondent Nos.3 to 6 and not allowing the petitioners to discharge their duty as Sangamitra (Village Organization Assistants), without assigning any reasons. 2. Heard learned counsel on either side.

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Learned counsel for the petitioners submits that petitioner^No.1 has been nominated as Sangamitra (Village Organization Assistant) in Sri Lakhsmi Mahila Mutually Aided Thrift and Credit Cooperation Society Limited, Jujjuru, Veerullapadu Mandal on 20.12.2019 and renewed the tenure by a resolution dated 26.06.2024. Petitioner No.2 has been nominated as Sangamitra (Village Organization Assistant) Sri Santhi Mahila Mutually^Aided Thrift and Credit

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Cooperative Soceity, Alluru, Verrullapadu Mandal on^{22.12.2019andrenewed} resolution dated 02.09.2023. Petitioner No.3 was nominated the tenure by a Ponnavaram, as Sangamitra (Village Organization Assistant) Jabilli^Mahila Veerullapadu Mandal on 10.04.2006, and tenure was renewed^{byaresolution} dated 28.08.2023. The petitioner No.4 was nominated^{asSangamitra(Village} Organization Assistant) Tatigummi Mahila Tatigummi.^{VeerullapaduMandal} on 01.04.2006, and tenure was renewed by a resolution^{dated09.09.2023.} The petitioner No.5 was nominated as Sangamitra (Village^Organization Assistant) in Sajjavaripalem Samyuktha Mahila, Alluru,^{VeerullapaduMandal} on 20.07.2006, and tenure was renewed by a resolution^{dated23.08.2023.} The petitioner No.6 was nominated as Sangamitra (Village^Organization Assistant) Gudem Madhavaram Mahila Gudem, Madhavaram,^Veerullapadu Mandal on 01.04.2006, and tenure was renewed by a resolution dated nominated as Sangamitra (Village 04.08.2023. Petitioner No.7 was Viswa Santhi Mahila Jagannadhapuram on Organization Assistant) in 25.02.2014 and the tenure was renewed by a resolution^{dated02.09.2023.} Petitioner No.8 was nominated as Sangamitra (Village^{OrganizationAssistant)} 01.04.2006 and the term was renewed in Madhurmai Mahila, Peddapuram on 07.08.2023. Petitioner No.9 was nominated as by a resolution dated Vivekananda Mahila Sangamitra (Village Organization Assistant) in Dachavaram on 28.03.2006 and the tenure was renewed by a resolution nominated as Sangamitra (Village dated 28.09.2023. Petitioner No.10 was in Sharmila Mahila, Jujjuru on 20.12.2019 and the Organization Assistant) tenure was renewed by a resolution dated 09.07.2023.^{ThepetitionerNo.11} was nominated as Sangamitra (Village Organization Assistant)^inSriBapuji 22.12.2019 and the tenure was renewed by a Mahila, Peddapuram on resolution dated 04.09.2023. Petitioner No.12 was nominated as^Sangamitra Ambedkar Mahila, Peddapuram on (Village Organization Assistant) in 02.11.2002 and the tenure was renewed by a resolution^{dated24.08.2023.} Petitioner No.13 was nominated as Sangamitra (Village Organization Assistant) in Suryodaya Mahila, Pallampalli on 20.02.2014^{andthetenurewas}

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renewed by a resolution dated 04.08.2023. Petitioner^No.14 was^nominated as Sangamitra (Village Organization Assistant) in Doddadeverapad u Mahila, Doddadevarapadu on 10.04.2006 and the tenure was renewed by a resolution dated 07.09.2023. Petitioner No.15 was nominated as Sangamitra (Village Organization Assistant) in Ambedkar Mahila by a resolution^{dated04.09.2023.} Petitioner No.16 was nominated as Sangamitra (Village Organization Assistant) in Peddapuram-4 Mahila, Peddapuram on 22.12.2019 and the tenure was renewed by a resolution dated 22.08.2023. The respondents 3 to 6, without assigning any reasons, are not allowing the petitioners to discharge their duties as VOAs. Hence the writ petition.

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Sri R.S.Manidhar Pingali, learned Assistant Government^Pleaderfor Services produced a copy of Circular " No.64-7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP. Learned Assistant Government Pleader, on oral instructions of Project Director, DRDA Guntur District, would submit that the officials are not interfering^{withtheactivitiesof} the petitioner as Sangamitra / VOA. 5. A perusal of the said 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,^{anddutiesofVOA} 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 of the CBO/Project should work for development and to achieve financial stability of the Village

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Organization and they should cooperate and facilitate^{thedevelopnnentofthe} 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^oftheVillage Organization should not indulge in the decision-making^{processandthatthe} appointments, removal, duties and responsibilities of Sangamitrha/VOA/Animator, are to be done by the Village^{Organization.As} per the note in the circular, dated 29.08.2019, it^{wasclarifiedthatnoother} circulars be issued at the district level. Circular^{dated29.08.2019,willbein} force till another circular is issued. 8. Learned Assistant Government Pleader for Services would^submitthat circular dated 29.08.2019 is in force to date. Secretary

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Thus, the aforementioned circular issued by the Principal commands no interference of the officials with the^{society'sdecision-making} process except to facilitate. The instructions of the learned Assistant Government pleader would manifest that the officials^{arenotinterfering.} 10. Given the facts and circumstances of the case coupled with the aforementioned circular, issued by the Principal Secretary,^{SERP,andtheoral} instructions of the learned Assistant Government Pleader^{thiswritpetitionis} disposed of at the admission stage, with the consent^{ofthelearnedcounselon} the either side directing the respondents 3 to 6 not to interfere with petitioners’ discharging duties as Sangamithra / VAO.^Nocosts. As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.} Sd/- K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// LsectioVofficer To,

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The Principal Secretary, Rural Development Department,^Stateof Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Chief Executive Officer, Society for Elimination of Rural Poverty Department of Andhra Pradesh, 2"^^ Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada, NTR District.

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The Project Director DRDA, Vijayawada, NTR District.

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The Area Coordinator SERF, Nandigama, NTR District.

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The Assistant Project Manager, SERF, Veerullapadu,^NTRDistrict.

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The Cluster Coordinator, SERF, Veerullapadu. NTR^District.

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One CC to Sri B Raghava Reddy, Advocate [OPUC]

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

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Two CD Copies

RAM

HIGH COURT

DATED:23/09/2024

ORDER

WP.No.20839 of 2024

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DISPOSING OF THE WP WITHOUT COSTS

Sk Chand Begum v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sk Chand Begum v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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