IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION No: 21676 of 2004 Between: Tata Yedukondalu, S/o. Sri Veeraswamy, Emani Gram Panchayat, Duggirala Mandal, Guntur District R/o. Emani Village, Guddirala Mandal, Guntur. ..... PETITIONER AND 1 Government of Andhra Pradesh, Represented by its District Panchayat Officer, Guntur. 2 The Panchayat Secretary, Emani Gram Panchayat, Duggirala Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order direction or writ particularly one in the nature of writ Mandamus or any other appropriate writ (i) quash the order of the A.P. Administrative Tribunal in O.A.NO. 6165/2004 dated 10-11-2004 (ii) declare the proceedings Roc NO. 58/2004 dated 5-11-2004 is illegal, arbitrary and in violation of principles of natural justice; and (iii) consequentially direct the respondents to reinstate the petitioner into service with all consequential benefits including the arrears of salary. Counsel for the Petitioner: MR.B.SHIVA KUMAR Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent No.2: MR.D.SRINIVAS The Court at the stage of admission made the following: ORAL ORDER:- (PER GB,J.) The Writ Petition is filed assailing the order, dated 10.11.2004, passed by the A.P. Administrative Tribunal in O.A.No.6165 of 2004. 2. According to the petitioner, he was working as Librarian on part time basis in a full time vacancy sanctioned by the authorities. The Grampanchayat passed a resolution, dated 05.11.2004, terminating the services of the petitioner without giving any notice or opportunity. The said order was challenged before the Tribunal. The Tribunal, however, refused to interfere with the matter on the ground that the petitioner was only a part time employee and that Andhra Pradesh Panchayat Raj Subordinate Service Rules reveals that there was no post of Librarian Care Taker in the Panchayat Raj. The said order came to be challenged in this Writ Petition. 3. After hearing the learned counsel for the petitioner and the learned counsel for the respondents, we are of the view that the petitioner is required to file an appeal before the District Panchayat Officer, Guntur, for proper consideration of the matter. 4. Accordingly, we set aside the order of the Tribunal and direct the petitioner to file an appeal before the District Panchayat Officer, Guntur, within a period of four weeks from the date of receipt of a copy of this order. On such appeal having been filed, the District Panchayat Officer, Guntur, shall consider the same and pass appropriate orders within a period of four weeks thereon. 5. Accordingly, the Writ Petition is disposed of. No costs. ______________________ G. BIKSHAPATHY, J. ____________________ P.S. NARAYANA, J. Date: 07.02.2005 ES To 1 Government of Andhra Pradesh, Represented by its District Panchayat Officer, Guntur. 2 The Panchayat Secretary, Emani Gram Panchayat, Duggirala Mandal, Guntur District. 3 2 CCs to the G.P. for Services-I, High Court of A.P., Hyderabad (OUT). 4 2 CD copies