Battala Venkata Subbaiah, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 9591 OF 2018 ORDER:

This Writ Petition is filed seeking writ of mandamus declaring the action of the 3rd respondent in issuing impugned order in RC No.3742/FAs Contracts (2015-16)/2015, dated 14.08.2015 and the Circular Lr.No.160/Legal Cell/CRD/2015, dated 18.01.2016 in not considering the explanation of the petitioner with regard to renewal of contract as Field Assistant as illegal and arbitrary and consequently to direct the respondents to renew the contract of the petitioner as Field Assistant in Kondur Gram Panchayat, Atlur Mandal, YSR Kadapa District.

Heard learned counsel for the petitioner and Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondents 1 to 3 & 6.

It is to be seen that earlier against the impugned proceedings in Rc.No.A7/165/HRCELL/2015, dated 24.08.2015 issued by the 3rd respondent-Project director, MNREGS wherein all the Project Directors of District Water Management Agency (DWMA) are instructed to renew the contracts of the Field Assistants basing on the performance reports in the form of percentage generated against the approved labour budget of the Gram Panchayat for the period of 01.04.2014 to 30.06.2015, W.P.No.27468 of 2015 & batch were filed, wherein this Court disposed of the same by directing the respondent authorities to consider the explanations of Field Assistant after giving opportunity and pass orders. Basing on the

directions of this Court in the aforesaid judgments, the 7th respondent issued a circular on 18.01.2016 to the all the District Collectors of Andhra Pradesh directing the District Collectors to form a Three Member committee.

The grievance of the petitioner is that in pursuant to notice issued dated 12.02.2016, he has appeared before the three member committee for renewal of the contract as per the Common Orders in W.P.No.27468 of 2015 & batch, but as on today, no orders are passed on the representation of the petitioner dated 03.03.2016. Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondents 1 to 3 & 6 produced written instructions admitting that the petitioner appeared before the three member committee and given statement, but no orders are passed on the representation of the petitioner till date.

In view of the same, without expressing any opinion on the merits of the case, the competent authority is directed to pass appropriate orders on the explanation/report filed by the petitioner, within a period of three weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 12-04-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 9591 OF 2018 Date: 12.04.2018 kvs