HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.31282 OF 2010 Dated: 01.04.2011 Between: V.SAMBASIVA. ..... PETITIONER AND THE STATE OF A.P REP BY ITS DIST COLLECTOR, CHITTOOR & OTHERS .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.31282 of 2010 ORDER: This writ petition is filed seeking for issuance of writ of mandamus to declare the action of respondents in not permitting the petitioner to attend the duties as Field Assistant without any notice or opportunity and without there being any order of termination/suspension and in the absence of any allegations or irregularities, as illegal, arbitrary and violation of principles of natural justice and consequently, to direct the respondents to retain and continue him as Field Assistant of Kadirinathunikota Gram Panchayat of Molakalacheruvu Mandal, Chittoor District with all consequential benefits. The case of the petitioner is that he was appointed as Field Assistant with effect from 1.4.2006 for Mulakalacheruvu, Kadirinathunikota and Peddapalyam Gram Panchayats under National Rural Employment Guarantee Scheme and accordingly, he has been discharging his duties as Field Assistant without any adverse remarks. While so, the Social Audit Team conducted inspection in Mulakalacheruvu Mandal from 23.10.2009 to 4.11.2009 pointing out that the Field staff/assistants in the Mandal committed some irregularities and submitted a report on 4.11.2009 to that effect. But, it does not reflect any irregularities against him. Without there being any specific allegation against him, the 3rd respondent openly announced during the course of social audit that his services were terminated and he will not be allowed to duties. Hence, the present writ petition is filed. Heard. It is submitted by the learned counsel for the petitioner that even in the absence of any irregularities against the petitioner during the course of the enquiry by the Audit Team, the petitioner was subjected to termination and therefore, the action of the respondents is illegal and arbitrary. On the other hand, the learned Assistant Govt. Pleader submits that during the course of inspection by the Audit Team, certain irregularities were found against the field staff of Mulakalacheruvu Mandal wherein the petitioner was also working and due to the said allegations, it is not desirable to take the services of the petitioner. This Court while issuing notice before admission on 13.12.2010, passed the following interim order: “It is directed that in case there do not exist any order of termination or suspension against the petitioner, the respondents shall permit him to discharge the functions of Field Assistant.” At this stage, it is submitted by the learned counsel for the petitioner that pursuant to the interim direction granted by this Court, the petitioner is permitted to function as Field Assistant. In the present facts and circumstances and in view of the fact that the petitioner is permitted to function as Field Assistant, I deem it appropriate to treat the interim direction granted by this Court on 13.12.2010 as a final order in the writ petition. However, it is made clear that this order does not preclude the respondents to take further action if it requires as per Law. With the above observation, this writ petition is disposed of. No costs. _____________________ Justice G. Chandraiah Dated:04.03.2011 gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.3738 OF 2011 Dated: 01.04.2011