THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No :33778 of 1998 DATED 05-02-2010 Between: The P.W.D.Workshops and Canals Workers Union (Regd.No.2805) rep. by its General Secretary, G.Amaralingam, Narasaraopet, Guntur . … PETITIONER And The Secretary to Government, Irrigation & CAD Department, Secretariat Buildings, Hyderabad & 3 others. ... RESPONDENTS ORDER: Writ Petition is filed seeking a mandamus declaring the Clauses (b) & (c) of paragraphs 4 and 5 of G.O.Ms.No.337, Irrigation and CAD (Ser.V) department, dated 12-10-1998, as illegal and arbitrary. 2. This petition is filed in the representative capacity by the P.W.D. Work Shops and Casual Workers Union (Regd.No.2805) represented by its General Secretary- G.Amaralingam. Work Inspectors are the members of the petitioner-Union, who are working in the Irrigation department of the State of Andhra Pradesh. There are about three thousand work Inspectors through out the State of Andhra Pradesh in the Irrigation department. They have been under the direct control of the officers of the Irrigation department. However, after the advent of the A.P.Farmers’ Management and Irrigation Systems Act, 1997, the services of the members of the petitioner-Union were put under the Water Users’ Associations of various projects in the State of Andhra Pradesh. While doing so, the impugned G.O.Ms.No.337, Irrigation and CAD (Ser.V) department, dated 12-10-1998 was issued, whereunder the conditions of service at clauses (b) & (c) of paragraphs 4 and 5 are objectionable and were not practicable. Therefore, those clauses of paragraphs 4 and 5 are liable to be declared as arbitrary and illegal. The said paragraphs 4 and 5 read as under: 4.“The work-Inspectors allocated to a farmers organization shall discharge the following functions: (a) Assist in the distribution of water. (b) Preparation of operational plan. (c) Assist in preparing the demand of water charge and its collection. (d) Assist in maintenance works including maintenance of service roads. (e) Submission of daily water reading at gauges etc., (f) Report unauthorized drawals of water. (g) Maintain records. (h) Coordinate the works of laskers. (i) Coordinate with the distributory committee. (j) Assist the competent authority in the discharge of his functions. (k) Any other function as assigned by the farmers organization. 5. Payment of salary to the work inspectors shall be made subject to the furnishing of a certificate by the concerned president of the farmers organization that he has attended to his duties during the month. The competent authority of a farmers organization shall forward such certificate to the drawing officer to enable him to draw his salary”. 3. Heard learned counsel appearing for the petitioner and the learned Government Pleader for Irrigation & Command Areas Development, appearing for the respondents. 4. According to the learned counsel for the petitioner, it is not the duty of the Work Inspectors to prepare the operational plan and assist in preparing the demand of water charge and its collections. These functions require technical experts or persons with higher education. Further, under paragraph 5, the payment of salary of the Work Inspector is subject to furnishing of a certificate by the concerned President of the farmers’ organization certifying that he has attended to his duties during the month. The farmers’ organization is headed by politically elected people. Therefore, there is every possibility of troubling the Work inspectors and as such asking a certificate from the elected people is not proper. They can very well ask a certificate from the Assistant Engineers- Divisional Engineers who are in-charge of these projects. Further, the respondents have issued the impugned G.O. without putting the members of the petitioner-Union on notice which amounts to altering the service conditions of the members of the petitioner-Union, without hearing them. Therefore, the impugned order insofar as the said clauses are concerned suffers from gross violation of principles of natural justice, apart from being arbitrary. 5. Under those circumstances, without expressing any opinion on merits, the respondents are directed to treat this Writ Petition as objection filed by the petitioner- Union, ventilating its grievances, and consider the same, and pass appropriate orders, after issuing notice to the members of the petitioner-Union and other concerned, within a period of three months, from the date of receipt of a copy of this order. Till such time, the interim suspension granted by this Court on 03-12-1998 shall continue. 6. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. ________________ C.V.RAMULU,J 05th February, 2010. Tsy