Disposed

Chanda Adilakshmi @ Jorege Adilakshmi v. the State of Ap

Andhra Pradesh HC25 Nov 2024WP/27364/2024

Case brief

AI extract

What is this about?

In the High Court of Andhra Pradesh, Justice Subba Reddy Satti disposed of a writ petition challenging the inaction of officials in allowing the petitioner to work as a Village Organization Assistant. The court observed that the selection and duties fall within the society's purview and directed officials not to interfere with the petitioner's discharge of duties.

What did the court decide?

The court directed respondents 5 and 6 not to interfere with the petitioner's discharging duties as Village Organization Assistant.

Chanda Adilakshmi @ Jorege Adilakshmi Vs the… — 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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TUESDAY ,THE TWENTY SIXTH 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: 27364 OF 2024

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Between:

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Chanda Adilakshmi @ Jorege Adilakshmi, W/o Peraiah aged about 38 years, Working as Village Organization Assistant in Shirdi Sai Baba Gramakya Sangam Mutually Aided Co-Operative Thrift and Credit Village Society Ltd., Obulesunipalli, Obulesunipalli Village, Durgi Mandal, Palnadu 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, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District

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The Cheif Executive Officer, The Society for Elimination^ofRural Poverty, Department of Rural Development, Government of Andhra Pradesh, 2nd Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada.

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The Project Director, DRDA, Palnadu District

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The Area Coordinator, SERP, Narasaraolpet, Palnadu District

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The Assistant Project Manager, SERP, Durgi Mandal, Palnadu District.

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The Cluster Coordinator, SERP, Durgi Mandal, Palnadu District

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Shirdi Sai Baba Gramakya Sangam Mutually Aided Co.Operative^Thrift and Credit Villlage Society Ltd., Obulesunipalli Village, Durgi Mandal, Palnadu District Represented by its President

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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 an appropriate Writ, Order or Direction more particularly m the nature of Writ of Mandamus, declaring the action of the respondents 5 and 6 in not allowing the petitioner to work as Village Organization Assistant in Shirdi Sai Baba Gramakya Sangam Mutually Aided Co.Operative^Thrift and Credit Viillage Society Ltd., Obulesunipalli Village, Durgi Mandal, Palnadu District though her tenure is in vogue, without issuing any notice, order or communication as arbitrary, illegal, in violation of Article 14 of the Constitution of India, and consequently direct the Respondents 5 and 6 to allow the Petitioner to work as Village Organization Assistant in Shirdi Sai Baba Gramakya Sangam Mutually Aided Co.Operative Thrift and Credit Viillage Society Ltd., Obulesunipalli Village, Durgi Mandal, Palnadu District till the petitioner complete her tenure as per the resolution and to pass

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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 direct the respondents 5 and 6 to allow the Petitioner to work as Village Organization Assistant in Shirdi Sai Baba Gramakya Sangam Mutually Aided Co-Operative Thrift and Credit Villlage Society Ltd. Obulesunipalli Village, Durgi Mandal, Palnadu District pending disposal of the above writ petition.

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Counsel for the Petitioner(s): SRI. SUBBA RAO KORRAPATI

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Counsel for the Respondent Nos.1 to 6: SRI S RAJU,^AGPFOR SERVICES IV

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Counsel for the Respondent No.7: —

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The Court made the following: ORDER

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[3331]

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APHC010521722024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY SIXTH 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: 27364/2024

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Between;

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1.CHANDA ADILAKSHMl @ JOREGE ADILAKSHMI, W/0 PERAIAH AGED ABOUT 38 YEARS. WORKING AS VILLAGE ORGANIZATION ASSISTANT IN SHIRDI SAI BABA GRAMAKYA SANGAM MUTUALLY AIDED CO-OPERATIVE THRIFT AND CREDIT VILLAGE SOCIETY LTD. OBULESUNIPALLI, OBULESUNIPALLI VILLAGE, DURGI MANDAL, PALNADU DISTRICT

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...PETITIONER

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AND

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1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT. VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT

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2.THE CHEIF EXECUTIVE OFFICER, THE SOCIETY FOR ELIMINATION OF RURAL POVERTY, DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK. PANDIT NEHRU BUS STATION, VIJAYAWADA.

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3.THE PROJECT DIRECTOR, DRDA, PALNADU DISTRICT,

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ArTHE AREA COORDINATOR, SERP, NARASARAOLPET, PALNADU (DISTRICT

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5.THE ASSISTANT PROJECT MANAGER, SERP. DURGI MANDAL PALNADU DISTRICT.

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SRS,J W.P.No.27364 of 2024

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Page 2 of 7

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COORDINATOR, SERF, DURGI MANDAL, PALNADU

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6.THE CLUSTER DISTRICT

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GRAMAKYA SANGAM MUTUALLY AIDED CO 7.SHIRDI SAI BABA CREDIT VILLLAGE SOCIETY LTD, OPERATIVE THRIFT AND OBULESUNIPALLI VILLAGE, DURGI MANDAL, PALNADU DISTRICT REPRESENTED BY ITS PRESIDENT ...RESPONDENT(S): 226 of the Constitution of India praying that in the Petition under Article affidavit filed therewith, the High Court may be circumstances stated in the appropriate Writ, Order or Direction more particularly in pleased to issue an declaring the action of the respondents 5 the nature of Writ of Mandamus, , and 6 in not allowing the petitioner to work as Village^{OrganizationAssistan} in Shirdi Sai Baba Gramakya Sangam Mutually Aided Co-Operative Thn t and Credit Village Society Ltd,, Obulesunipalli Village,^{DurgiMandal,Palnadu} District though her tenure is in vogue, without issuing^any notice, order or communication, as arbitrary, illegal, in violation of ArticleT 14 of the Respondents 5 ^nd « Constitution of India, and consequently direct the allow the Petitioner to work as Village Organization^{AssistantinShirdiSa} Baba Gramakya Sangam Mutually Aided Co-Operative Thrift and Credi Obulesunipalli Village, Durgi Mandal, Palnadu District till Village Society Ltd . . x the petitioner complete her tenure as per the resolution^andtopass

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents 5 and 6 to allow the Petitioner to mav be pleased to r- work as Village Organization Assistant in Shirdi Sai^{BabaGramakyaSangam} Mutually Aided Co-Operative Thrift and Credit Village Society Ltd., Obulesunipalli Village, Durgi Mandal, Palnadu District^{pendingdisposalofthe} above writ petition and to pass

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Counsel for the Petitioner;

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1.SUBBA RAO KORRAPATI

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SRS,J W.P.No.27364 of 2024

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Page 3 of 7

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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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Heard Sri Sohith Chandra, learned counsel representing^SriSubbaRao Korrapati, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appeared for the respondents.

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Learned counsel for the petitioner would submit that the petitioner was elected as VOA by a resolution passed by the members of respondent No.7. Thereafter, the petitioner’s service as VOA was renewed by a resolution dated 09.03.2023. Since then, the petitioner has been discharging^{herdutieswithout} any remarks. Learned counsel also would submit that after the change of the Government, respondents 5 & 6 are interfering with the petitioner’s discharging duties.

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Learned Assistant Government Pleader for Services, on oral instructions would submit that the official respondents are not interfering with the discharging duties of the petitioner as VOA given the Circular No.647/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP.

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The Society where the petitioner has been discharging^duties,as VOA, is registered under Andhra Pradesh Mutually Aided Cooperative^{SocietiesAct,} 1995. Individual or Cooperative societies intending to form into Cooperative Societies under the aforementioned Act shall frame by-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 use of its services and are willing to accept the responsibilities of membership. Members of primary Cooperative Societies shall egjoy equal rights of voting and participation in decisions '

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' Page 4 of 7

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SRS,J W.P.No.27364 of 2024

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Section 4 of the Act speaks about the affecting their Cooperative Societies, registration of the society and Section 5 prescribes^{thatthesocietyisabody} corporate. 5. The members^{ofthesociety,normally,elect} one among them^asVillage resolution and pay salary to the said individual, Organization Assistant, by a of Rural Poverty, Department of Rural The Society for Elimination of Andhra Pradesh, represented by its CEO, is Development, State constituted by the State to implement the schemes for the elimination^ofrural the Government of poverty as proposed by the Union of India as well as Andhra Pradesh, by issuing circulars from time to time, regarding the appointment of Village Organization Assistants, qualifications,^theprocedure for selection, termination method of payment, duties, and obligations. One of those circulars is circular No.64-/SERP/IB/2018 dated^{26.11.2018.Thereafter,} another Circular No.64-7/SERP/IB/2019 dated 29.08.2019^{wasissuedbythe} Principal Secretary, SERP. of the 2019 circular would manifest that to alleviate^poverty 6. A perusal formed in terms of the and for women empowerment, 27,841 societies were of A.P.Mutually Aided Co-operative Societies Act, 1995;^thatthose provisions societies are autonomous bodies; that selection, removal, and duties of VGA of the members of the Society; that the duties and etc., are within the purview 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 removal, and performance of duties, are as per the^bye-laws, appointment rules and regulations framed by the Executive Committee of the^Village Organization. 7. The said circular further prescribes that the staff of^{theCBO/Project} should work for development and to achieve financial^{stabilityoftheVillage}

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< i

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SRS,J W.P.No.27364 of 2024

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Page 5 of 7

Organization and they should cooperate and facilitate the development of 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 SangamitraA/OA/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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Thus, as seen from the aforementioned circular, the appointment/selection of VOA and their discharge of duties, the official respondents have nothing to do with that procedure.^Themembers of the Society got the right either to elect/appoint or remove of VOA. If any VOA is removed by a resolution of the Society, the remedy^{ofthatindividual} is in a different forum but not a writ petition. The aforementioned circular issued by the Principal Secretary commands no interference of^the officials with the society's decision-making process except to facilitate. 10. The instructions of the learned Assistant Government pleader would manifest that the officials are not interfering. Learned^{AssistantGovernment} Pleader for Services would submit that the circular dated 29.08.2019 is in force to date.

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Since an averment was made in the affidavit that, respondents 5 & 6 are interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader, intends to dispose of the writ petition. 12. Given the facts and circumstances of the case coupled with the aforementioned circular issued by the Principal Secretary, SERP, and the oral

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Page 6 of 7

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SRS.J W.P.No.27364 of 2024

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instructions of the learned Assistant Government Pleader for Services, this Writ Petition is disposed of at the admission stage, with the consent of the learned counsel on either side, directing the respondents 5 & 6 not to interfere with the petitioner's discharging duties as VOA. However, this order will not preclude the respondent authorities from acting as per the Rules. No order as to costs.

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

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//TRUE COPY//

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Sd/. E.KAMESWARA RAO JOINT|f^EGISTRAR S 'NOFFICER

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Departme^fserre!'^'^; R^^al Development Guntur

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Di^trtct ^ Velagapudi, Amaravati Capital City of Rural

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Povertv®n5n»rt''‘'''®,°fD®'' Elimination r D Development, Government of Andhra Pradesh, 2nd Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada.

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The Project Director, DRDA. Palnadu District,

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The Area Coordinator. SERP, Narasaraolpet, Palnadu District

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The Assistant Project Manager, SERP, Durgi Mandal, Palnadu District.

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The Cluster Coordinator, SERP, Durgi Mandal, Palnadu District

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Co®On»ri’f^'^Tn Gmmakya Sangam Mutually Aided Co.Operative Thrift and Credit Villlage Society Ltd Obulesunipalli Village, Durgi Mandal, Palnadu District Represented by its

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One CC to Sri. Subba Rao Korrapati, Advocate [OPUC]

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TwoCCsto GP For Services IV .High Court Of Andhra Pradesh. [OUT]

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Three CD Copies

HIGH COURT

DATED:26/11/2024

ORDER

WP.No.27364 of 2024

e^ANDH^
L ^
0 9DEC2K'i CO.
^ Curreni Secuon

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DISPOSING OF THE WP WITHOUT COSTS

Chanda Adilakshmi @ Jorege Adilakshmi v. the State of Ap

Case brief

What is this about?

What did the court decide?

Chanda Adilakshmi @ Jorege Adilakshmi v. the State of Ap

Case brief

What is this about?

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