Disposed

Nelapati Santha Kumari v. the State of Andhra Pradesh

Andhra Pradesh HC22 Sept 2024WP/21007/2024

Case brief

AI extract

What is this about?

Writ petition filed by Village Organization Assistants challenging interference with their duties. Court disposed of the matter at the admission stage upon mutual consent, directing the Assistant Project Manager not to interfere with the petitioners' duties.

What did the court decide?

Directed respondent No. 4 not to interfere with the petitioners' discharge of duties as Sangamitra/VOA.

Nelapati Santha Kumari 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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MONDAY, THE TWENTY THIRD 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: 21007 OF 2024

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Between:

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Nelapati Santha Kumari, W/o.Yesudasu, Aged about 46 years, Occ.' Ex CF (Village Organizer Assistant) R/o.D.No. 1-225, Medikonduru Village

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Medikonduru Mandal, Guntur District.

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Nosina Jyothi, W/o.Rajasekhar, Aged about 39 years, Occ. Ex. CF (Village Organizer Assistant) R/o.D.No.6-106, Medikonduru Village,

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Medikonduru Mandal, Guntur District.

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Shaik Haseena, W/o.Subhani, Aged about 45 years, Occ. Ex. CF (Village Organizer Assistant) R/o.D.No.6-84 , Medikonduru Village,

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Medikonduru Mandal, Guntur District. Baji. Aged about 38 years, Occ Ex

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CF (Village Organizer Assistant) R/o.D.No.5-52, Medikonduru Village Medikonduru Mandal, Guntur District.

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh, Dpnprtmonf fo u Principal Secretary partment of Panchayat Raj, Secretariat, Velagapudi, Guntur District.

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The District Collector, Guntur District, Guntur.

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The Additional Collector/project Director, Guntur District, Guntur. 4. The Assistant Project Manager, Velugu DRDA , Medikonduru Mandal

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Samakya, Medikonduru Mandal, Guntur District.

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The Medikonduru Mandal Samakya, Medikonduru Mandal, Guntur

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District.

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(

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Akhilandra Mutually Aided Co-operative Thrift Village Society Ltd.,[ Regd.No.AMC/GNT/DCO/2008/1220, Medikonduru Village and Mandal Guntur District.

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The Vijetha Mutually Aided Co-operative Thrift e , and Credit Village Society Ltd., Regd.No.AMC/GNT/DCO/2014/3195, Medikonduru Village and Mandal, Guntur District.

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The Bismilla Mutually Aided Co-operative Thrift Village Society Ltd. Regd.No.AMC/GNT/DCO/2014/3178, Medikonduru Village and Mandal Guntur District.

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Karthika Mutually Aided Co-operative Thrift AND Credit Village Society

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Ltd., Regd.No.AMC/GNT/DCO/2019/3775 Medikonduru Village and

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Mandal, Guntur 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 the nature of Writ of Mandamus declaring the action of the A'" respondents in giving oral instructions to the petitioners not to attend their duties as th Village Organizer Assistants in the 6*^ to 9 respondent societies respectively without issuing any notice to the petitioners under political involvement and political pressure is as illegal, arbitrary and violative of Principles of Natural Justice - and violative of Articles 14 and 21 of Constitution of India and consequently direct the 4‘^ respondent not to restrain the petitioners from discharging their duties as Village Organizer Assistants (VGA) in the e'" to S'" respondent societies respectively.

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lA NO: 1 OF ?n74

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the 4*^ respondent not to restrain the petitioners from discharging their duties as Village Organizer Assistants (VOA) in the 6'^ to

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9**^ respondent societies respectively pending disposal of the above Writ Petition.

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Counsel for the Petitioners: SRI DAGGUBATI RAMASWAMY REDDY Counsel for the Respondent Nos. 1 to 3: GP FOR SERVICES IV

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Counsel for the Respondent Nos. 4 to 9:

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The Court made the following: ORDER

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APHC010411502024

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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: 21007/2024

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Between:

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Nelapati Santha Kumari 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.DAGGUBATI RAMASWAMY 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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This writ petition is filed complaining about interference by respondent No.4 and not allowing the petitioners to discharge their duty as Sangamitra (Village Organization Assistants), without assigning any reasons.

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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 Akhilandra Mutually Aided Cooperative Thrift Village Society Limited, Medikonduru Village, Medikonduru Mandal, Guntur District in the year 2009, and renewed the tenure by a resolution dated 04.01.2024. Petitioner No.2 has been nominated as Sangamitra (Village Organization Assistant) in Vijetha Mutually

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Aided Cooperative Thrift and Credit Village Society Limited in the year 2014, and renewed the tenure by a resolution dated 05.12.2023.^{PetitionerNo.3was} nominated as Sangamitra (Village Organization Assistant) in Bismilla Mutually Aided Cooperative Thrift Village Society Limited in the year 2019, and tenure was renewed by a resolution dated 09.12.2023. Petitioner No.4 was nominated as Sangamitra (Village Organization Assistant) in Karthika Mutually Aided Cooperative Thrift Village Society Limited in the year 2019, and tenure was renewed by a resolution dated 11.09.2023. The respondent No.4, without assigning any reasons, is not allowing the petitioners to discharge their duties as VOAs. Hence the writ petition. 4. Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for services, on oral instructions of Project Director, DRDA Guntur District, would submit that the officials are not interfering with the activities of the petitioner as SangamitraA/OA. He also produced a copy of Circular^{No.64-7/SERP/IB/2019} dated 29.08.2019 issued by Principal Secretary, SERP.

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The Societies where the petitioners have been discharging duties, as VOA, is registered under Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995. Individual or Cooperative societies intending to form into Cooperative Societies under the aforementioned Act, shall frame bye-laws conforming to the principles of cooperation. The membership of the society shall be voluntary and without restrictions of any social, political, rational or religious discrimination to all persons who can make^{useofitsservicesand} are willing to accept the responsibilities of membership. Members of primary Cooperative Societies shall enjoy equal rights of voting and participation in decisions affecting their Cooperative Societies. Section 4 of the Act speaks about the registration of the society and Section 5 prescribes that the society is a body corporate.

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The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salary^{tothesaidindividual.}

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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 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 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 and duties of VOA 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 Organization and they should cooperate and facilitate the developmentof the 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

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Sangamitrha/VOA/Animator, are to be done by the Village Organization. As per the note in the circular, dated 29.08.2019, it was clarified that no other circulars be issued at the district level. Circular dated 29.08.2019, will be in force 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 to 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 No.4 not to interfere with the petitioners’ discharging duties as Sangamithra / VAO. No costs.

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

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SD/- K. TATA RAO //TRUE COPY// DEPUTY REGISTRAR

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To,

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SECTION OFFICER 1. The Principal Secretary, Department of Panchayat Raj, Secretariat, Velagapudi, Guntur District.

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The District Collector, Guntur District, Guntur.

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The Additional Collector / Project Director, Guntur District, Guntur.

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The Assistant Project Manager, Velugu DRDA, Medikonduru^Mandal Samakya, Medikonduru Mandal, Guntur District.

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The Medikonduru Mandal Samakya, Medikonduru Mandal, Guntur District.

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Akhilandra Mutually Aided Co-operative Thrift Village Society Ltd. Regd.No.AMC/GNT/DCO/2008/1220, Medikonduru Village AND Mandal, Guntur District.

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The Vijetha Mutually Aided Co-operative Thrift and Credit Village Society Ltd., Regd.No.AMC/GNT/DCO/2014/3195, Medikonduru Village AND Mandal, Guntur District.

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