IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14875 OF 2011 Between: A. Tirumalesh Naidu ..... Petitioner AND The District Collector & Dist. Programme Coordinator, National Rural Employment Guarantee Scheme, Kurnool, Kurnool District & 2 others ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14875 OF 2011 ORDER: This Writ Petition is filed to declare the proceedings of respondent No.2 in Rc.No.06/HRM/2011, dated 13.04.2011, in terminating the services of the petitioner as Field Assistant as illegal, arbitrary and against the principles of natural justice and set aside the same and consequently direct the respondents to continue the services of the petitioner as Field Assistant. 2. Learned counsel for the petitioner contended that without conducting any enquiry, the impugned order has been passed and the procedure prescribed by this Court in W.P.No.31381 of 2010, dated 14.12.2010, has not been violated and, therefore, he prays to set aside the impugned order. 3. Against the order of termination of service, an appeal lies to the District Collector in accordance with the provisions contained in Circular issued in Rc.No.143/SRDS/HRMannual/2009, dated 06.04.2011, of the Chief Executive Officer, SRDS/CRD, A.P., Hyderabad. 4. The rule of exclusion of writ jurisdiction by availability of an alternative remedy is a rule of discretion and not one of compulsion. In an appropriate case, in spite of availability of the alternative remedy, this Court may still exercise its writ jurisdiction in at least three contingencies (i) where the Writ Petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice and (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an Act is challenged. (vide STATE OF HIMACHAL PRADESH VS. GUJARAT AMBUJA CEMENTS[1]). 5. It is not a case of violation of fundamental right nor it is a case where the authority who passed the impugned order has no jurisdiction to issue such an order. Similarly, it is not a case of not following principles of natural justice. 6. Therefore, the Writ Petition is disposed of directing the petitioner to avail the efficacious alternative remedy by filing the appeal before the District Collector. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 7th June, 2011. KL HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14875 OF 2011 7th June, 2011 KL [1] 2005 (6) SCC 499