V. Vara Prasad, S/O Ananda Rao, v. The Commissioner, Rural Development

THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI WRI T PETI TI ON No.9848 of 2015 ORDER:

This writ petition is filed seeking to issue a writ of mandamus, declaring the impugned action of the respondents in disengaging the services of the petitioner without any reason and even without any written order though the petitioner was appointed as Gram Rozgar Sevak in pursuance of regular notification, dated 07.11.2009 and on regular selection process, and in not allowing the petitioner to continue in service, in spite of representations dated 12.03.2012 and 15.10.2012, as illegal and arbitrary.

Heard Sri G.V.Shivaji, learned counsel for the petitioner and Sri M.S.R.Chandra Murthy, learned standing counsel for respondents Nos.3 & 4.

It has been contended by the petitioner that he was appointed as Gram Rozgar Sevak in pursuance to the notification, dated 07.11.2009 and ever since he has been discharging his duties without any complaint. However, since December, 2011 the respondents have disengaged the petitioner orally. Challenging the same, the present writ petition is filed. Learned standing counsel, appearing for respondents Nos.3 & 4, has contended that the petitioner was appointed on contract basis and the petitioner himself is not attending the duties from December 2011 onwards, that the petitioner is gainfully employed and he is also doing business in the village, and therefore, the case of the petitioner deserves to be dismissed.

AKS,J WP_9848_2015 Having considered the rival submissions made by the parties, without expressing any opinion on the merits of the case, this court is of the view that ends of justice would be met if the writ petition is disposed of, directing the petitioner to make a representation to Respondent No.3 afresh, within a period of 2 (two) weeks from the date of receipt of a copy of this order, and upon such representation being received from the petitioner, respondent No.3 is directed to consider and pass appropriate orders thereon, in accordance with law, within a period of 8 (eight) weeks therefrom.

With these observations, the Writ Petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________________ ABHI NAND KUMAR SHAVI LI ,J Date: 24.04.2018 Dsr