IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 27536 OF 2008 Between S.Gopal ..... PETITIONER AND 1. The District Collector-cum-Programme Co-ordinator, EGS, Mahaboobnagar District. 2. The project Director/Addl.Programme Co-ordinator (EGS) DWMA, Mahaboobnagar. 3. The Mandal Parishad Development Officer, Dharoor Mandal, Mahaboobnagar District. .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON’BLE JUSTICE MS. G. ROHINI WRIT PETITION No.27536 of 2008 ORDER: The petitioner herein is working as a Field Assistant at Kondapuram Village, Dharoor Mandal of Mahaboobnagar District. It is stated that on 23.07.2007, he met with an accident while discharging his duties and sustained a fracture to his right leg. In the circumstances, by resolution dated 08.08.2007 passed by the Gram Panchayat one S.Srinivasulu was entrusted the petitioner’s work as a stop gap arrangement. Subsequently in the month of October, 2007, the petitioner reported to duty and a fresh resolution was passed by the Gram Panchayat on 12.10.2007 resolving to continue the petitioner in service as Field Assistant at Kondapuram Village. Since the respondent authorities failed to implement the same, the Gram Panchayat passed another resolution on 03.12.2008 reiterating to continue the petitioner as Field Assistant. However, the petitioner was not allowed to discharge the duties of the Field Assistant. Aggrieved by the said action, the present writ petition is filed seeking a declaration that the action of the respondents in not continuing the petitioner as Field Assistant of Kondapuram Village despite the resolutions of the Gram panchayat dated 12.10.2007 and 03.12.2008 is arbitrary and illegal. The 3rd respondent filed a counter affidavit stating that on account of the injuries suffered by the petitioner he was unable to discharge his duties and consequently, one S.Srinivasulu was appointed in the place of the petitioner on the basis of the resolution dated 13.06.2007 passed by the Gram Panchayat. However, since the said Srinivasulu failed to discharge his duties to the satisfaction of the authorities, a notice was issued to him on 28.03.2008. No explanation was received from the said Srinivasulu and he had also stopped attending duties. Thus, a vacancy arose to the post of Field Assistant and accordingly a notification was issued inviting applications from the eligible candidates in terms of G.O.Ms.No.471 dated 15.10.2007. It is stated that further steps are in progress and as a matter of fact the petitioner is also one of the applicants in response to the said notification. Heard the learned counsel for both the parties. From the counter affidavit filed on behalf of respondent No.3, it is clear that steps have already been initiated for filling up the vacancy and the petitioner’s candidature is also under consideration. Nothing could be placed before this Court to show that the Field Officer is eligible for any leave even on medical grounds. Admittedly, the appointment of Field Assistants to the respective Gram Panchayats is under the National Rural Employment Guarantee Scheme and they have to work under the control of the Mandal Parishad Development Officer, who is the Programme Officer under the scheme. In the circumstances, the respondents cannot be found fault with in notifying the vacancy. Hence, the interference by this Court at this stage is unwarranted and the writ petition is accordingly disposed of with a direction to the respondents to finalise the selections for filling up of the vacancy of Field Assistant at Kondapuram Village following due process of law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of this order. No costs. __________________ JUSTICE G. ROHINI Date:27.10.2009 Ivd