The High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ more in the nature of Writ of ltrlandamus or any other writ order or direction by declaring the impugned order of the 1st Respondent bearing No.Ai 1 16/2017, dated 23-04-20'iB as illegal, arbitrary, u nco n stitutrona I and void being violative of principles of natural justice and set aside the same and consequently direct the Respondents to reinstate the petitioner tnto service as Panchayat Secretary with all consequential benefits lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to reinstate the petitioner into service by suspending the impugned order of the 1st Respondent bearing No.A/1 16/2017, dated 23-04-2018 pending disposal of the above writ petition Counsel for the Petitioner: SRl. RANGARAJULA RAJASEKHARA RAO Counsel for the Respondents: GP FOR SERVICES ll The Court made the following: ORDER -7 /1. ORDER: HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.19519 of 2018 Petitioner-M.Obulamma was appointed as Panchayat Secretary and posted to GP Kudurumalla of Doultabad Mandal, Mahabubnagar District' She joined duties on 04.03.2015; thereafter, proceeded on leave for about6monthsfrom01.08.2015lo23'O2'2016;joineddutyon completion of leave on 24-02.2016, and she was posted to Manopad Mandal.Meanwhile,anewshasbeenpublishedinAndhraJyothiNews Paper on 23.04.2017 stating that petitioner has been discharging two Government Jobs at the same time, i.e., as Panchayat Secretary at GP ManopadinTelanganaStateandalsoasContractLecturerat Government Junior college at Kodumuru of Kurnool District of Andhra Pradesh state. lt is her case that before her selection to the post of Panchayat secretary, she is working as contract Lecturer in commerce at Government Junior college, Yemiganur, Kurnool District from 2009 and subsequently she was transferred to Government Junior college, Kodumuru, Kurnool District till her appointment as Panchayat Secretary' she was placed under suspension based on news publication Therefore' she cannot be construed as working in two posts simultaneously and therefore, further, action against her may be dropped However, she was dismiseedfrom service by order, da\ed23.04.2018 as per C'C C A Rules, '1991. Aggrieved by the same, she filed this writ petition. 2

2. Heard learned counsel for petitioner and learned Government Pleader for Services-ll. Perused the record.

3. This Court while admitting the writ petition on 'l 3.06.2018 granted interim suspension of impugned order dated 23.04.2018 and issued direction to the respondent authorities to reinstate the petitioner.

4. A detailed counter affidavit has been filed stating that the impugned proceedings were issued as per C.C.C.A Rules, 1991

5. lt is the representation of petitioner that she has been working as Contract Lecturer, which ls not a regular post in a regular scale of pay as applicable for Government Services, and while she was Contract Lecturer, she got selection as Panchayat Secretary in Telangana State. lt is her specific contention that she was on E.O.L/Loss of Pay for six months from 01.08.20'15 to 22.03.2016 and due to family situation, she has taken certain classes in the College and the same was purely because of her financial problems and to maintain family in Andhra Pradesh State. She further pleaded that she was not aware of the Government Rules. Further, upon rejoining as Panchayath Secretary, after leave, she attended all meetings and there is no adverse remark against her t' * 3

6. A perusal of the explanation furnished by the petitioner dated 25.04.2017, in reply to the show cause notice daled 24'04'2017 would show that it is stated that she tendered her resignation to the contractual position at Government College in Andhra Pradesh State upon selection as Panchayath Secretary in Telangana State and therefore' she cannot be deemed to be continuing in two Government Jobs' as alleged in the show cause notice.

7. Though the petitioner pleads ignorance of Rule position with regard to the Rules while in Government service' the same cannot be an excuse to violate the Rules and Regulations governing the employment in Government service. However, this Court is inclined to consider the ardent plea of petitioner that, she had to avail E'O'L due to domestic situation and due to family situation and financial problems' she had I \ takencertainclassesintheCollegewheresheworkedincontractual position.

8. Considering the facts of the case' this Court is of the view that dismissal from services is a harsh and major punishment' disproportionate to the charges leveled against the petitioner and therefore, the impugned order is liable to be set aside' I I 4

9. Since, this Court vide order dated '13.06.2018 had already granted interim suspension of the impugned order dated 23.04.2018, lhe Writ Petition is disposed of in terms thereof. The impugned dismissal order is hereby set aside. That the period from the date of dismissal to the date of reinstatement shall be reckoned as qualifying service for the purpose of pensionary and retirement benefits only and the petitioner shall not claim backwages on account of this order. Needless to mention that she would be entitled to claim subsistence allowance for the period for which she was placed under suspension, if the same has not been paid in accordance with law. Miscellaneous applications, pending if any, shall stand closed. //TRUE COPY' SD/- A. SRINIVASA REDDY ASSISTANT REGISTRAR I \ To, sEcTtoN OFFTCER '1 . The District collector (Panchayat wing), Jogulamba Gadwal District, Gadwal. 2. The Commissioner of Panchayat Raj, Rural Development, Telangana State, Himayathnagar. Urdu Hall Larie, Hyderabad

3. The Principal Secretary, PR & RD Department, Secretariat, Hyderabad 4. One CC to SRl. RANGARAJULA RAJASEKHARA RAO Advocate [OPUC] 5. Two CCs to GP FOR SERVICES ll ,High Court for the State of Tetangana.

6. Two CD Copies KKS GJP b HIGH COURT DATED:02101 2025 ORDER WP.No.19519 of 2018 ( o o 14Sl:H 05 FIB ?w5 ;) .L t\ * r--O DISPOSING OF THE WRIT PETITION WITHOUT COSTS .oLq'' W