High Court · 2025

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 suspend the Lefter No. 08/2023, dated2sl09t2023, issued by the 5th iespondent by allowing the petitioner to performing his duties as Karobar in tle office of the Iviorraipallf Gampanchayath, Morraipally village, Musthabad Mandal, Rajanna Sircilla District. lA NO: 2 OF 2023 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 ,4 to 6 to implement the 3rd respondent p'oceeding No' R2l12t2d22-pa., dated 22.03.2022, consequently considering the Petitioner's representation datecj 18to4t2022, Morraipally village, Musthirbad Mandal, Rajanna Sircilla District., pending disposal of the main Writ Petition Cgunsel for the Petitioner: SRl. ERIGI GANESH Counsel for the Respondent no.1&3: AGP FOR PANCHAYAT RA.l RURAL DEV Counsel for the Respondent No.2: AGP FOR REVENUE Counsel for the Respondent Nos.4 to 6: SRI K. PRADEEP REDDY SC FOR ZPP MPP P.S The Court made the following: ORDER HON'BLE MRS- JUSTTCE SUREPALLT NANDA WRIT PETITIo N o o 20 23 o DE R:' Heard Sri Erigi Ganesh, learned counsel appearing on behalf of petitioner, tearned Assistant Government Pleader for panchyat Raj, appearing on behalf of respondent No.1, tearned Assistant Government preader for Revenue, appea:.ing on behalf of respondent No.2 and Sri K. Pradeep Reddy, learned Standing Counsel tor. 7Jpp, MPP, P.S., appearing on behalf of respondent No.5,

2. The petitioner approached this Couft seeking the prayer as under: "...tc issue an appropriate Vvrit, Order or Direction more particufar!y one in the natL;re of Writ of Mandamus declarinq the action of the Respondent Nos. 5 and 6 are not allowing the petitioner to perform his duties as Karobar in the office of Morraipally Grantparrchayath as arbitrary and contrary to the provisions of legal, Telangana Panchayath Raj Act and violating Articles 14, 19 of the Constitution of India and pass...,,.

3. The case of the petitioner, in brief, is that the petitioner is working as Karcbar in the office of Morraipally. Grampanchayat from 02.02.2002 yrith monthly salary of Rs.300/_ and thereafter 2 SN, J wt 30290-2021 On 2t.01.2022, against the Petitioner salary was hiked to Rs'1000/- per month vide proceedinrls dated salary had been enhanced from time to time' 21.06.2004 and Annel Das Ganesh lodged a complaint and 4th respondent conducted enrluiry and to 3.d respondent. The 3'd respondent submitted his rePort finally issued proceedings daled 22'03'2022 directing tlre 5th and 6th respondents to reinstate the petitioner with conl:inuity of salary. But the 5th and 6th respondents are not all<iwing the petitioner to perform his duties in Morraipally Grampanchayath Office. The petitioner made a representation dated Ot)'04'2022 to respondent Nos'4 and 5' The 5th and 6th respondents have jointly issued letter No'04/2022' dated 08'04'2022 irppointing the petitioner as tractor driver' The petitioner submitt(rd another 18.04.2023 to the 5th respondenl: to permit representation dated and 6th attendant register but the 5rh him to sign in the respondents are not allowing the petitioner to discharqe' and 6th resPondent issued letter No.8/2023 stating that there was no vacancy in the office of Morraipally GrampanchaYath. R2/137 /20L9-P, The 3'd resPondent issued respondents are not dated 22.03.2022, but the implementinq the said proceedings' Aggrieved by th() same' the 4th and 6th proceedings The 5th No. 3 Sl.l J wP 30290 2023 petitioner approached the Court by filing the present writ petition. PE USED THE REC RD

4. The Proceedi nqs vid' Letter No.6218 212022- ear, dat d 22.03 2022 of the Zill Panchavat Officer. Raianna Siri illa Dis rict is extracted hereu nder: *Subject:- Regarding - panchayati,s - Multipur.pose Employees _ Shri Mogani Raju, Multipurpose Employee (Assistant Secretary), reappointing him for Mustabad panchayati as the allegations against him are not substantiated, Ref: 1. Complaint by Shri Anil das Ganesh. District General Secretary, Telangana Gram panchayat Employees & Workers Union dated 21.01.2022.

2. This office letter No. R. 2/B/7lZO22 dated OL.O2.2O22 3. Mandal Panchayat Officer. Vemulawada Urban Inquiry dared 05.03.2022. Officer) M.P.V. No. E/28/2o22, (Inquiry Report **x On the above reference (1) On complaint received reference -(2) Mandal Panchayati Officer (Inquiry Officer) M.P.S. Vemulawada Urban was ordered to investigate and submit a report. IYandal Panchayat OFficer, (Inquiry Officer) M.p.V. Mr. Vemulawada Urban conducted an inquiry and Mr. Mogani Raju, Multiput-pose Er-nployee, Village, Moyinapalli District, Mustabad has submitted a report through reference (3) recommending that the allegations of irregularities in the performance of duties have not been proveci, so he should 4 SN, J wI 30290 2023 \.-l - rejoin immediately and also be paid the salary for the perlod of a bse n cr:. Therefore, in this matter Sa rpa nch/Pa n chayati Secretary, Gr. Moyinapalli, Mustabad have been informe C to take 'Mr. Mogani Raju, as Multi-Purpose Employee on ,luty immediaterlv and also to attend the duties as directed by the Sarpa nchT'Pa nch ayati Secretary but to pay him the salarr,'for the period "

5. The letter addressed to the 5th respondent dated L5.O4.2O23 bv the Detitioner herein is extracted here nder: "Subject: - Regarding - In past I have submitted my sick leave, and to rejoin in my duties. On thr: above mentioned subject, I lt4ogani Raju, li/o. Chandraiah, R/o. Village Panchayati Moyinapally Village, I would like to mention here that, my health condition is not good so I have applied for the sick leave in past, and I worked as Kalibar in Village Panchayati office, now I v/ant to rejoin to my duties. My sincere -request is to pk,:ase grant permission to rejoin in my duties'. Yours sincerely, Sd/.xx Mogani Raju (Assistant Secreta ry) S/o. Chandraiah Village : Moryipa lly Mandal : M usta bad District: Rajanna, Siris illa. 5 SN, J wP 30290 2023 s I CL ON

6. Proceedings Letter No. It . is the specific case of the petitioner that vide 62/82/2022-Year, Dated 22.O3.2022 issued by the 3'd respondent (referred to and extracted above), wherein it is clearly indicated that the Mandal panchayat Officer conducted inquiry against the petitioner, and submitted a report recommending that the allegations of irregularities have not been proved and the Sarpanch/panchayati Secretary of Mustabad had been informed to take the petitioner as Purpose Employee on duty immediately and permit the petitioner to attend the duties as directed by the Saparanch/panchayati .Multi_ Secretary and to pay salary to the petitioner for the said period, but however, the said proceedings dated 22.03.2022 of the 3d respondent had not been implemented as on date.

7. The ledrned counsel appearing on behalf of the petitioner placing reliance on the said proceedings dated 22.03.2022 of the Distrcit Panchayat officer, Rajanna Sirisiila District and the crear obserl,ations made thereunder in favour of the petitioner contends that the ailegations leveiled against the petitioner had not been substantiated, therefcre, petiticner needs to be re_ appointed for Mustabad panchayati. 6 SN, J \vr, 10290 2023

8. The learned counsel appearing on behalf of the Fretitioner made a detailed further submits that the petitioner.. representation dated 18.04.2022, in pursuance to the proceedings dated 22.03.2022 issued by the 3'd respondent, to . the 5th respondent herein, whereby the petitioner requc:sted the 5th respondent to permit the petitioner to join duties as Karobar in office of Morraipally Grampanchayath, Musthabad Mandal, Rajanna Siricilla District. However, though the said representation had been acknowledged by the respondcnts'way back i.e., on 18.04.2022, yet the respondents have not initiated any action and passed any orders as on date perml:ting the petitioner to join duty as Karobar in the office of M)rraipally Grampanchayath, Musthabad Mandal, Rajanna Siricilla D'istrict.

9. a rne oDearino on behalf of resoo dent No.5 olaced reli nce on the averments made h t he res No.5, The sai d oara No.5 is extracted he under "5. In reoly to paragraphs No.2 to 7 of the affidavit t'rat it is submitted that 5th Respondent have issued the noti(e on o8-O4-2022 directing the petitioner to reinstatinq intt:, the job as the t:ractor driver and later, issued the second rotice '7 SN, J wP 30290 2023 on 16-04-2022 to resume as a pump operator for water supply further, issued third notice on 06-06-2023 by the 5th respoitdent to join the duty with immediate effect failing which the petitioner shall be removed from his job. The petitioner issued the reply notice stating his ill health condition and However, from the march 2021 petitioner have not resumed his duty till today, it appears that the petitioner is working as Booth Level Officer (BLO) under ward no.24g in election commission officer and Reporter at,'Voice New,, daily Newspaper. Petitioner herein drawing multiple salaries which itself is illega! and not valid in the eye of law,,.

10. The learned counsel appearing on behaif of respohdent No.5 contends that several notices have been issued to the petitioner calling upon the petitioner to join duty officially as a Tractor Driver and thereafter as a pump Operator for water supply. However, the petitioner did not respond to the said notices and failed to join duty. Since March, 2021, though at one stage petitioner issued a reply notice to the said notices stating that due to his ill-health condition petitioner could be permitted to join duty petitioner however did not make any efforts to report and join work and thereFore there is no illegality on the part of the 5th respondent as alleged by the petitioner. The learned counsel appearing on behalf of the petitioner however d isputes the receipt of notices to the petitioner. 8 SN, J u P 10290 2023 a\

11. A bare perusal of the counter affidavit filed on behalf of the 5th respo.ndent clearly indicates that the 5th respondent made all efforts to implement the proceedings vide Letter No. 62/82/2022 -: Year, dated 22.03.2022 issued by the 3'd respondent Ov Oulv considering the petitioner's representation dated lE .04.2022 seeking permission to the petitioner to join duty as Karobar in office of Morraipally Grampanchayath, Musthabad Mandal, Rajanna Sirc pl'a District. 1) Takinq intb consideiation : (a) The aforesaid facts and circumstances of the case, (b) The submissaons made by the learned counsel appearing on behalf of the petitioner, and the learned Standing Counsei appearing on behalf of respondent ,] No.5, (c) The contents of the Proceedings vide Letter 1\ No.62/A2/2O22-Year, Dated 22.03.2022 issued bv the 3'd respondent (referred to and extracted above), (d) The averments made at para No.S of the counter affidavit fited on behalf of the 5th respondent (referred to and extracted above), 9 SN, J wP 30290 2023 The writ petition is disposed of. The respondent Nos. 4 to O are directed to consider the grievance of the petitioner as put forth vide petitaoner,s representation dated 18,04.2O22 to permit the petitioner to join duty as Karobar in the office of Morraipalty Grampanchayath, Musthabad Mandal, Rajanna Siricilla District, by providing an opportunity of personat hearing to the petitioner by duly considering the proceedings of respondent No. 3 dated 22.03.2022, and pass appropriate orders on the representation of the petitioner dated 1g.G4.ZOZZ, Within tour {4) weeks from the date of receipt of a copy of this order, in accordance to law and duly communicate the decision to the petitioner on the said representation dated 18.O4.2022. However, there shall be no order as to costs. As a sequel, the miscelianeous petitions, if any pending, in the Writ petition shall also sLand closed ,/TRUE COPYII SD/- T.TIRUMALA DEVI DEPUTY REGISTRAR SECTION OFFICER , Panchayath Raj and Ru I Devel opment Department, To,

1. The Principal Secretarv Secretariat, Hyderabari.

2. The District Collector, Rajanna Sircilla District, Telangana. 3 The Diskict panchayath officer, Rajanna sircilra, Rajanna sircira District a pa rashat Devotvement officer, Musthabad Ma nda t, Raja n na I|;3,,|ji5l"?1. CbLr L 7

5. The secretary, Mo.raipally Gram panchayath, Monaipally Gram F anchayath' " riri,i.tniurdVinoat Ra.ianna sircilla District' 6Thesaroanch,MorrarpallyGrampanchayath,MorraipallyVillageMusthabad -' UanOat,'naianna Sircilla District'

7. One CC to' SRI ERIGI GANESH Advocate [OPUC] 8. One CC to SRI K PRADEEP REDDY SC FOR ZPP MPP P S IOPUCI e Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV - 10.Two CCs to GF'forRevenue, High Court for the State of Telangana at State of Telangana. IOUTI 'High Cot'rrt for the Hyderabad. [OLJTI

11.Two CD CoPiesr KKS PSK HIGH COURT DATED:0710412025 CC TODAY I I ORDER WP.No.30290 of 2023 t{E sr.' 1 t 1-) 2 B AP1 ii:i '... ,,.\t ., 't-l -r-l .,/ DISPOSING THE WRIT PETITION WITHOUT COSTS \g- lAu-