IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20024 OF 2011 Date:18.07. 2011 Between:- R.Naga Bhujanga Rao .. Petitioner And The State of Andhra Pradesh, rep.by its District Collector and District Programme Coordinator, NREGS-AP, Kakinada and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20024 OF 2011 ORDER: This writ petition is filed seeking to issue a writ of Mandamus declaring the proceedings Rc.No.B/63/08, dated 26.10.2009, of respondent No.3 as illegal and arbitrary and consequently, direct the respondents to continue the petitioner in his post of Field Assistant. The petitioner has been appointed as Field Assistant of Uttarakanchi Gram Panchayat, Prathipadu Mandal under National Rural Employment Guarantee Scheme in the year 2007 and working as such. Subsequently, he was removed from the duties by respondent No.3 vide the impugned proceedings on the ground that his appointment was not in accordance with G.O.Ms.No.471, dated 15.10.2007. The petitioner was appointed prior to the issuance of the said G.O. No notice was issued before issuing the impugned proceedings. Hence, he filed the present writ petition. Heard both sides. Since the impugned order does not indicate about the issuance of notice, the respondents cannot take unilateral decision by coming to the conclusion that the appointment order of the petitioner is illegal. They should have given an opportunity to the petitioner calling for explanation in that regard. No such explanation was called for. Straightaway, the impugned order was passed and therefore, the impugned order is liable to be set aside. The respondents are directed to give notice to the petitioner for the purpose of giving his explanation and thereafter, pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. However, the petitioner cannot be reinstated if the contract period of the petitioner has already expired. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 18th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20024 OF 2011 Date:18.07.2011 AMD