Disposed

Desireddy Sarojini at G Sarojini v. the State of Andhra Pradesh

Andhra Pradesh HC22 Sept 2024WP/20852/2024

Case brief

AI extract

What is this about?

This judgment disposes of a writ petition and a Section 151 application regarding the petitioner's suspension as a Field Assistant. The court, at the admission stage and with consent, directed the respondent to conclude the enquiry within four weeks and pass orders consistent with the 2013 Human Resource Policy.

What did the court decide?

Direction to respondent No.5 to conclude enquiry within four weeks and pass appropriate orders per Field Assistants Human Resource Policy, 2013.

Desireddy Sarojini at G Sarojini Vs the State… — 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: 20852 OF 2024

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Between:

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Desireddy Sarojini At G Sarojini, W/o. Guli Lakshmi Narayana Reddy, Aged about 37 years, Occ. Filed Assistant, R/o. M. Krishnapuram village, GospaduMandal, Kurnool District, Andhra Pradesh. ...Petitioner

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AND

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

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The Commissioner, Rural Development/State Programme Coordinator of Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) Vijayawada, Krishna District.

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The Chief Executive Officer and Director, Society^ForRural Development Services, Charithasri Building, 5th floor, 29-6-6/1, Nakkala Road, Vijayawada -2, Krishna District.

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The District Collector/District Programme Coordinator, Kurnool, Kurnool District.

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The Project Director, District Water Management Agency (DWMA) Nandyal, Nandyal District.

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The Mandal Parishad Developmental Officer/ Programme^Officer EGS, Gospadu Mandal, Nandyal District.

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The M. Krishnapuram Gram Panchayath, Rep, by its Panchayath Secretary, M. Krishnapurampanchayath, Gospadu Mandal, Nandyal 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 a writ order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondents more particularly the action of the Respondent no. 5 in placing the petitioner under suspension vide R.C. No. 139/HRM/MEMO/2023 dated 23-08-2024 on the very same day of issuance of show cause notice dated 23-08-2024 without giving any opportunity of hearing/explanation to the show cause notice dated 23-08-2024 to the petitioner is highly illegal, arbitrary, unfair, unreasonable, capricious and contrary to Principles of natural justice apart from violation of Article 14, 16, 19 and 21 of the Constitution of India and consequently set aside the suspension order of the petitioner vide R.C. No. 139/HRM/MEM0/2023 dated 23-08-2024 issued by the Respondent no.5 'and reinstate the petitioner back in service as field assistant 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, the High Court may be pleased to suspend the operation of suspension order of the petitioner vide R.C. No. 139/HRM/MEMO/2023 dated 23-08-2024 issued by the Respondent no.5 and permit the petitioner herein to discharge her services as field assistant, M. Krishnapuram gram panchayath, Gospadu Mandal.

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Counsel for the Petitioner: SRI V.NITESH

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Counsel for the Respondent No.1: GP FOR SERVICES IV

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Counsel for the Respondents 2, 3, 4 & 6: SRI M.S.R.CHANDRA MURTHY SC for DWMA

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Counsel for the Respondents 5 & 7: SMT B.V.APRANALAKSHMI, STANDING COUNSEL

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The Court made the following order:

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APHC010404472024

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

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[3331]

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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: 20852/2024

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Between:

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Desireddy Sarojini @ G Sarojini ...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.VNITESH

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Counsel for the Respondent(S):

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1.GP FOR SERVICES IV

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2.GP FOR SERVICES I

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The Court made the following:

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ORDER

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The writ petition is filed seeking the following relief:

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“...to issue a Writ, Order or direction, more particularly^one in nature of Writ of Mandamus declaring the action of the Respondents more particularly the action of the Respondent no.5 in placing the petitioner under suspension vide R.C.No.139/HRM/MEMO/2023 dated 23.08.2024, on the very same day of issuance of show cause notice^{dated23.08.2024} without giving any opportunity of hearing/explanation^{totheshowcause} notice dated 23.08.2024 to the petitioner is highly illegal, arbitrary, unfair, unreasonable, capricious and contrary to Principles of natural justice apart from violation of Article 14, 16, 19 and 21 of^{theConstitutionofIndia}

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and consequently set aside the suspension order of the petitioner vide R.C.NO.139/HRM/MEM0/2023 dated 23.08.2024, issued by the Respondent No.5 and reinstate the petitioner back in service as field assistant in the interest of justice and to pass such other order. .”

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Heard Sri.CH.Karthik, learned counsel representing on behalf of Sri V.Nitesh, learned counsel for the petitioner, Sri.R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for respondent No.1 Sri M.S.R.Chandra Murthy, learned Standing counsel for respondent Nos.2, 3, 4 and 5 and Smt B.V.Aparna Laxmi, learned Standing counsel for respondent No.6.

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The petitioner, appointed as a Field Assistant under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), working at Pasurapadu Gram Panchayat of Gosupadu Mandal, was placed under suspension vide R.C.No.24/2024-HRM(ACC)-DWMA/NDL dated 06.08.2024 (Ex.P.1). The Petitioner submitted explanation by registered post. The copy of acknowledgment dated 19.08.2024 is filed along with the Writ Petition. 4. Learned counsel for the petitioner would submit that despite the explanation, enquiry is not completed. 5. Sri M.S.R.Chandra Murthy, learned Standing counsel , on instructions. would submit that a show cause notice was issued on 21.09.2024 and the date of enquiry is fixed on 04.10.2024. He would also submit that the petitioners explanation will be considered and petitioner also will be afforded opportunity of hearing as per Field Assistants Human Resource Policy (FAHRP), 2013.

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Given the facts and circumstances of the case, the Writ Petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the respondent No.5 to conclude enquiry within four (04)

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weeks and pass appropriate orders strictly as per Field Assistants Human Resource Policy, 2013. No order as to costs.

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As a sequel, pending miscellaneous petitions if any, shall stand dismissed.

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Sd/- M. SRINIVAS ASSISTANT REGISTRAR

//TRUE COPY//

s^tiOn officer

The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The Commissioner, Rural Development/State Programme^Coordinator of Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) Vijayawada, Krishna District.

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The Chief Executive Officer and Director, Society^ForRural Development Services, Charithasri Building, 5‘^ floor, 29-6-6/1, Nakkala Road, Vijayawada -2, Krishna District.

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The District Collector/District Programme Coordinator, Kurnool, Kurnool District.

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The Project Director, District Water Management Agency (DWMA), Nandyal, Nandyal District.

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TheEGS,MandalGospaduParishadMandal,DevelopmentalNandyal District.Officer/ Programme^Officer > >

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The Panchayath Secretary, M. Krishnapuram Gram Panchayath,^M. Krishnapurampanchayath, Gospadu Mandal, Nandyal District.

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One CC to Sri V Nitesh, Advocate [OPUC]

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9^ One CC to Sri M.S.R.Chandra Murthy, SC for DWMA [OPUC] 10. One CC to Smt B.V.Aprana Lakshmi, Standing Counsel [OPUC] 11. Two CCs to GP for Services - IV, High Court of Andhra Pradesh. OUT 12. Two CD Copies RAM

HIGH COURT

DATED:23/09/2024

ORDER

WP.No.20852 of 2024

DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS

Desireddy Sarojini at G Sarojini v. the State of Andhra Pradesh

Case brief

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Desireddy Sarojini at G Sarojini v. the State of Andhra Pradesh

Case brief

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