Hemaltha and Othr 6

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

W.P. NO. OF 2024


BETWEEN
1. Parvathala Hemalatha, W/o P.Penchalaiah,
Aged about 34 years, Occ. Ex. CF (Village Organizer Assistant)
R/o. Edagali Village, Venkatachalam Mandal,
SPSR Nellore District.

2. Gumma Anusha, W/o Pachikala Venaiah,


Aged about 28 years, Occ. Ex. CF (Village Organizer Assistant)
R/o. Jangalapalli Village, Venkatachalam Mandal,
SPSR Nellore District.

3. Ulavapati Vimalamma , W/o. U.Vinod Kumar,


Aged about 34 years, Occ: VOA
R/o1-147 Kantepalli Village, Venkatachalam Mandal,
SPSR Nellore District.

4. Amavarapu Sarswathi, W/o A.Sudhakar


Aged about 52 years, Occ: VOA
R/o7-15 Nidiguntapalem Village, Venkatachalam Mandal,
SPSR Nellore District.

5. Kaki Madhavi, W/o K.Venkateswarlu


Aged about 33 years, Occ: VOA
R/o Anikepalli Village, Venkatachalam Mandal,
SPSR Nellore District.

6. Kavali Vanaja, W/o K.Krupakar


Aged about 29 years, Occ: VOA
R/o Anikepalli Village, Venkatachalam Mandal,
SPSR Nellore District.

… Petitioners

AND

1. The State of Andhra Pradesh, Rep., by its Principal Secretary,


Department of Panchayat Raj, Secretariat, Velagapudi, Guntur District.

2. The Society for Elimination Rural Poverty SERP Department of Rural


Development, Government of Andhra Pradesh Office at 2ND Floor NTR
Administrative Block PNBS Vijayawada Andhra Pradesh Represented
by its Chief Execute Officer

3. The Project Director DRDA, SPSR Nellore District, Andhra Pradesh

4. The Assistant Project Director DRDA, SPSR Nellore District, Andhra


Pradesh

5. The Area Coordinator DRDA, Venkatachalam Mandal,


SPSR Nellore District Andhra Pradesh

6. The Assistant Project manager, Venkatachalam Mandal,


SPSR Nellore District, Andhra Pradesh

7. The Mandal Parishad Devolopment Officer, Venkatachalam Mandal,


SPSR Nellore District, Andhra Pradesh

8. Eedagali-2 Gramasangabandham, Eedagali Village,


Rep by its president, Venkatachalam Mandal,
SPSR Nellore District.

9. Idimepalli-1 Gramasangabandham, Jangalapalli Village,


Rep by its president, Venkatachalam Mandal,
SPSR Nellore District.

10. Kantepalli Gramasangabandham, Kantepalli Village,


Rep by its president, Venkatachalam Mandal,
SPSR Nellore District.

11. Nidiguntapalem Gramasangabandham, Nidiguntapalem Village,


Rep by its president, Venkatachalam Mandal,
SPSR Nellore District.

12. Anikepalli Gramasangabandham, Anikepalli Village,


Rep by its president, Venkatachalam Mandal,
SPSR Nellore District.

13. Anikepalli Gramasangabandham, Anikepalli Village,


Rep by its president, Venkatachalam Mandal,
SPSR Nellore District.
… Respondents

AFFIDAVIT

I, Parvathala Hemalatha, W/o P.Penchalaiah, Aged about 34 years, Occ. Ex.


CF (Village Organizer Assistant), R/o. Edagali Village, Venkatachalam
Mandal, SPSR Nellore District.Having temporarily comedown to Guntur, do
hereby solemnly affirm and state on oath as follows:

1. I am the 1st petitioner herein and as such well acquainted with the facts of the
case. I am deposing this affidavit on behalf of myself and 2 nd, 3rd, 4th, 5th and 6th
petitioners as I am authorized to do so. I respectfully submit that since the cause of
action of all the petitioners herein is one and the same and hence, we are filing this
single Writ Petition for and on behalf of all our petitioners. However, Separate court
fee is paid on behalf of each petitioner herein, as per the Writ Rules.

___________________________________________________________________

2. It is humbly submitted that the present writ petition is filed aggrieved by the
action of the 3rd and 4th respondents in orally directing the petitioners not to attend
their duties as Village Organizer Assistants of their respective villages without
issuing any notice to the petitioners under political involvement as illegal, arbitrary
and violative of Principles of Natural Justice.

___________________________________________________________________

3. It is humbly submitted that in the year 2018 I have joined in Venkatachalam


Mandal, SPSR Nellore District. As a Community Facilitator (C.F). Later, as per
the directions of the concerned officials they changed to Village Organizer Assistant,
and the name Community Facilitator (C.F) was called as Village Organizer Assistant
(VAO). As per the Circulars, the tenure of a Village Organizer Assistant (VAO) is 3
years and it may be extended in consideration of the services rendered by such
VAO. Since, I have been discharging my duties in Venkatachalam Mandal, SPSR
Nellore District. Without any remarks, I was consecutively re-elected by the Zilla
Samkyas without any interruption. Recently in the month of August, 2023
(18.08.2023) I am re-elected as Village Organizer Assistant (VAO) of
Venkatachalam Mandal, SPSR Nellore District.

___________________________________________________________________

4. It is humbly submitted that similarly, the 2 nd petitioner has been working as


Village Organizer Assistant (VAO) of Venkatachalam Mandal, SPSR Nellore
District. Since 2021 and she was also re-elected by the Zilla Samkyas
consecutively. Recently, in the month of August, 2023 (7.08.2023) the 2 nd petitioner
is re-elected as Village Organizer Assistant (VAO) of Jangalapalli grama
panchayth.

4. It is humbly submitted that similarly, the 3 rd petitioner has been working as


Village Organizer Assistant (VAO) of Venkatachalam Mandal, SPSR Nellore
District. Since 2022 and she was also re-elected by the Zilla Samkyas
consecutively. Recently, in the month of August, August (17.08.2023) the 3rd
petitioner is re-elected as Village Organizer Assistant (VAO) of Kantepalli grama
panchayth.

5. It is humbly submitted that similarly, the 4 th petitioner has been working


as Village Organizer Assistant (VAO) of Venkatachalam Mandal, SPSR Nellore
District. she was consecutively re-elected by the Samkyas without any
interruption. In the month of August (18.08.2023), the 4 th petitioner is re-
elected as Village Organizer Assistant (VAO) Nidiguntapalem
GramPanchayat, Venkatachalam Mandal, SPSR Nellore District.

6. It is humbly submitted that similarly, the 5 th petitioner has been working


as Village Organizer Assistant (VAO) of Venkatachalam Mandal, SPSR Nellore
District. she was consecutively re-elected by the Samkyas without any
interruption. In the month of August (07.08.2023), the 5 th petitioner is re-
elected as Village Organizer Assistant (VAO) Anikepalli GramPanchayat,
Venkatachalam Mandal, SPSR Nellore District.

7. It is humbly submitted that similarly, the 6 th petitioner has been working


as Village Organizer Assistant (VAO) of Venkatachalam Mandal, SPSR Nellore
District. she was consecutively re-elected by the Samkyas without any
interruption. In the month of August (05.08.2023), the 5 th petitioner is re-
elected as Village Organizer Assistant (VAO) Anikepalli GramPanchayat,
Venkatachalam Mandal, SPSR Nellore District.
___________________________________________________________________
5. It is submitted that as matter stood thus, few Telugu Desam Party
sympathizers in our respective Villages forcefully to terminate us from the post of
Village Organizer Assistants (VAO) by alleging that we are YSR Congress Party
sympathizers and requested to allocate such posts to them. In pursuance of it, the
MLA instructed the 3rd and 4th respondent to take necessary action on the said
representations.

___________________________________________________________________

6. It is humbly submitted that subsequently the Gram Panchayats of of


Venkatachalam Mandal, SPSR Nellore District have conducted General Body
Meetings and passed resolution to continue me and the 2 nd, 3rd, 4th, 5th and 6th
petitioner as Village Organizer Assistants (VAO) in our respective Gram Panchayats.

___________________________________________________________________

7. It is submitted that as matter stood thus, all of a sudden, the 3 rd and 4th
respondent without issuing any notice, orally instructed me and other petitioners not
to attend our duties as Village Organizer Assistants (VAO). We have requested the
3rd and 4th respondent several times for the reason, but there is no reply from him.
Despite resolutions were passed by our respective Gram Panchayats to continue us
as Village Organizer Assistants (VAO), under the political pressure and political
involvement, the 3rd and 4th respondent has orally instructed us not to attend out
duties, without issuing any notice by violating the Service Rules and Procedure.

___________________________________________________________________

8. It is humbly submitted that we have been rendering our services as Village


Organizer Assistants (VAO) since several years sincerely and honestly without any
remarks. But, all of a sudden, we were instructed to stop discharging our duties as
VAOs and we have lost our source of income to lead our family. Therefore, the
action of the 3rd and 4th respondent in orally directing us not to attend our duties as
Village Organizer Assistants of our respective villages without issuing any notice
under political involvement as illegal, arbitrary and violative of Principles of Natural
Justice and violation of fundamental rights guaranteed to us under Articles 14 and 21
of the Constitution of India. Hence this Writ Petition.

___________________________________________________________________

9. In view of the above, the Petitioners left with no other alternative efficacious
remedy, except to approach this Hon’ble Court under Article 226 of the Constitution
of India.

___________________________________________________________________
10. The Petitioners have not filed any other writ or proceedings in any court of law
with regard to the above cause of action against the respondents herein and to the
best of their knowledge, no writ or proceedings are pending in any court of law
except to the extent stated above.

___________________________________________________________________

11. It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ,
Order or Direction more particularly one in the nature of Writ of Mandamus declaring
the action of the 3rd and 4th respondents in giving oral instructions to the petitioners
not to attend their duties as Village Organizer Assistants in their respective villages
without issuing any notice to the petitioners under political involvement as illegal,
arbitrary and violative of Principles of Natural Justice and violative of Articles 14 and
21 of Constitution of India and consequently direct the 3 rd and 4th respondent not to
restrain the petitioners from discharging their duties as Village Organizer Assistants
(VAO) in in Venkatachalam Mandal, SPSR Nellore District respectively and pass
such other order or orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case.

___________________________________________________________________

12. It is also just and necessary that this Hon’ble Court may be pleased to direct
the 3rd and 4th respondent not to restrain the petitioners from discharging their duties
as Village Organizer Assistants (VAO) in Edagali Gram Panchayat and other Gram
Panchayats respectively pending disposal of the above Writ Petition and pass such
other order or orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case.

Sworn and signed before me on this


4th day of October, 2024, at Amaravathi DEPONENT

BEFORE ME

ADVOCATE ∷ AMARAVATHI
VERIFICATION STATEMENT

I, Parvathala Hemalatha, W/o P.Penchalaiah, Aged about 34 years, Occ. Ex.


CF (Village Organizer Assistant), R/o. Edagali Village, Venkatachalam
Mandal, SPSR Nellore District.Having temporarily comedown to Guntur, being the
deponent and well acquainted with the facts of the case, do hereby declare that the
contents contained in the above affidavit are true to the best of personal knowledge,
information and belief and are based on legal advice which I believe to be true and
correct. Neither suppression of material facts nor any falsehood is stated.

Hence, verified on this, the 4th day of October, 2024 at Amaravati.


COUNSEL FOR PETITIONERS DEPONENT

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