Dismissed

Pemula Mabu v. the State of Andhra Pradesh

Andhra Pradesh HC24 Nov 2024WP/27080/2024

Case brief

AI extract

What is this about?

The petitioner sought a writ directing respondents to allow him to resume duties as Senior Mate/Field Assistant. The High Court disposed of the writ at the admission stage by consent, directing respondents not to prevent the petitioner from discharging duties without following due process.

What did the court decide?

Directing respondents 3 to 5 not to prevent the petitioner from discharging duties as Senior Mate/Field Assistant without following due process.

Pemula Mabu Vs the State of Andhra… — Labour and Industrial Disputes | Andhra Pradesh HC (2024)

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[3331]

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APHC010518352024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY ,THE TWENTY FIFTH DAY OF NOVEMBER 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: 27080/2024

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Between:

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PEMULA MABU, S/O. P. MASTAN, AGED 41 YEARS, OCC SENIOR MATE / FIELD ASSISTANT, MAHATHMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, R/O. RAJUVARICHINTAPALEM VILLAGE, RAJUVARICHINTAPALEM GRAMPANCHAYAT, KAVALI MANDAL, SPSR NELLORE DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH

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THE PROJECT DIRECTOR, THE DISTRICT WATER MANAGEMENT AGENCY (DWMA) SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH

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THE ASSISTANT PROJECT OFFICER, DISTRICT WATER MANAGEMENT AGENCY (DWMA) KAVALI, SPSR NELLORE DISTRICT, ANDHRA PRADESH

SRS,J

Page 2 of 5

W.P.No.27080 of 2024

THE MANDAL PARISHAD DEVELOPMENT OFFICER, KAVALI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH.

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...RESPONDENT(S):

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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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 5 in not allowing the petitioner to attend his duties as Senior Mate / Field Assistant in Rajuvarichintapalem Village, Rajuvarichintapalem Grampanchayat, Kavali Mandal, SPSR Nellore District, without issuing any notice or opportunity and without following due process of law, as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, apart from being violative of principles of natural justice, consequently direct the respondents 3 to 5 herein to allow the petitioner to attend his duties as Senior Mate / Field Assistant in Rajuvarichintapalem Village, Rajuvarichintapalem Grampanchayat, Kavali Mandal, SPSR Nellore District, and to pass

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IA 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 pleased to direct the respondents 3 to 5 herein to allow the petitioner to attend his duties as Senior Mate / Field Assistant in RajuvarichintapalemVillage, Rajuvarichintapalem Grampanchayat, Kavali Mandal, SPSR Nellore District, pending the final disposal of this Writ Petition., and pass

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Counsel for the Petitioner:

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1.V R MACHAVARAM

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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:

SRS,J

Page 3 of 5

W.P.No.27080 of 2024

:ORDER:

This writ petition is filed to declare the action of respondents 3 to 5 in not allowing the petitioner herein to discharge his duties as Senior Mate / Field Assistant in Rajuvarichintapalame Village, Rajuvarichintapalem Gram Panchayat, Kavali Mandal, SPSR Nellore District, without following due procedure of law, as illegal and arbitrary.

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Heard Sri V.R. Machavaram, 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 respondents 2 to 4 and Smt. B.V. Aparna Lakshmi, learned Standing counsel for respondent No. 5.

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Learned counsel for the petitioner submits that petitioner was appointed as Senior Mate/Field Assistant in Rajuvarichintapalem Village, Rajuvarichintapalem Gram Panchayat, Kavali Mandal, SPSR Nellore District by respondent No.3, by proceedings in Rc.No.A7/165/2007 dated 27.09.2021 and petitioner has been discharging his duties as Senior Mate/Field Assistant since the date of appointment. While so, respondents 3 to 5, without issuing notice and without conducting an inquiry, prevented the petitioner from discharging his duties as Senior Mate / Field Assistant.

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Learned standing counsel for respondents 2 to 4 presented a copy of the instructions furnished by respondent No.5, and submitted that the petitioner has not attended to his duties for the last two months and other officers are carrying out the works to provide work to the workmen. He submits that no orders were issued to prevent the petitioner from attending his duties as Senior Mate / Field Assistant.

SRS,J

Page 4 of 5

W.P.No.27080 of 2024

Given the submissions of learned standing counsel for respondents 2 to 4, this Writ Petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the respondents 3 to 5 not to prevent the petitioner from discharging duties as Senior Mate / Field Assistant in Rajuvarichintapalame Village, Rajuvarichintapalem Grampanchayat, Kavali Mandal, SPSR Nellore District, without following due process. No order as to costs.

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

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___________________________ JUSTICE SUBBA REDDY SATTI

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Dated: 25.11.2024 IKN

SRS,J

Page 5 of 5

W.P.No.27080 of 2024

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 27080 / 2024

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Dated: 25.11.2024 IKN

Pemula Mabu v. the State of Andhra Pradesh

Case brief

What is this about?

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Pemula Mabu v. the State of Andhra Pradesh

Case brief

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