IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE THIRTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 21858 OF 2024
Between:
1. Malaka Anitha, W/o Malaka Sree Nivasa Reddy, Aged 37 Years, Occ
Village Organization Assistant (VOA), Society for Elimination of Rural
Poverty (SERP), R/o. D.No. 13-143a, Thummala Mandal, Ananthapur
District, Andhra Pradesh.
2. G Vani, Aged 35 Years, Occ Village Organization Assistant (VOA)
Society for Elimination of Rural Poverty (SERP), R/o. Tummala Mandal,
Ananthapur District, Andhra Pradesh.
...PETITIONER(S)
AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat
Raj and Rural Development Department, Secretariat, Velagapudi,
Amaravathi.
2. Chief Executive Officer, The Society for Elimination of Rural
Development, Department of Rural Development for the State of A.P.,
2nd Floor, Dr. NTR Administrative Block, Pandith Nehru RTC Complex,
Vijayawada, Krishna District.
3. The Project Director, District Rural Development Agency, Velugu,
Putaparthy, Sri Satya Sai District.
4. The Assistant Project Manager, DRDA Velugu, AmadagurClustor,
Amadagur Mandal, Sri Satya Sai District.
5. The Cluster Coordinator, DRDA VeluguAmadagur Cluster, Amadagur
Mandal Sri Satya Sai District.
6. Gowthami Gramaikya Sahaya Sangam, Represented by its President,
MalakavariPalli, Amadaguru, Sri Satya Sai District.
7. Satyasai Gramaikya Sangam, Represented by its President.
Kancharavandlapalli, Amadagur, Sri Satya Sai District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue a Writ, Order or direction particularly one in the nature
of Writ of Mandamus to declare the action more of respondents
more
particularly the Respondents 4 and 5 in not allowing the petitioners from
discharging their respective duties without issuing any notice illegal,
arbitrary and contrary to the Circular No. 64-5/SERP/113/2018
dated
26.11.2018 and violative of provisions of Cooperative Societies Act and
violative of Principles of Natural Justice and violative
of Article 14,16 and
21 of the Constitution of India and consequently direct the respondents to
allow the petitioners herein to discharge their duties
in their respective
positions as Village Organization Assistant (VOA) under
the Respondents
no. 6 and 7.
lA NO: 1 OF 2024
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 more particularly
Respondents No. 4 and
5 to allow the petitioners to discharge their respective
duties in the
positions as Village Organization Assistants (VOA)
under Respondents 6
and 7, pending disposal of the writ petition.
Counsel for the Petitioners: M/s. AYESHA AZMA S
Counsel for the Respondent No.1: GP FOR SERVICES IV
Counsel for the Respondent Nos. 2 to 7:
The Court made the following: ORDER
APHC010423852024
IN THE HIGH COURT OF ANDHRA PRADESH
[3331]
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY ,THE THIRTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 21858/2024
Between;
...PETITIONER(S)
Malaka Anitha and Others
AND
...RESPONDENT(S)
The State Of Andhra Pradesh and Others
Counsel for the Petitioner(S);
1.AYESHAAZMAS
Counsel for the Respondent(S):
1.GP FOR SERVICES IV
The Court made the following:
by respondent
This writ petition is filed complaining about interference
their duty as
Nos.4 and 5 in not allowing the petitioners to discharge
Sangamitra (Village Organization Assistants), without assigning any reasons.
Heard learned counsel on either side.
2.
Learned counsel for the petitioners submits that petitioner No.1 has
3.
Assistant) in
been elected/nominated as Sangamitra (Village Organization
Amadaguru, Sri
Gowthami Gramaikya Sahaya Sangam, Malakavari Palli,
08.09.2011. Petitioner No.2 has been elected/nominated
Satya Sai District on
Gramaikya Sangam
Sangamitra (Village Organization Assistant) Satya Sai
as
on 07.09.2019.
Kancharavandlapalli, Amadagur, Sri Satya Sai District
Learned counsel for the petitioners would submit that as on today petitioners
are continuing as Sangamitra (Village Organization Assistants) and in support
of the same bank statements were filed for the deposit of salaries to the
petitioners. The respondent Nos.4 and 5, without assigning
any reasons, are
as VOAs. Hence the writ
not allowing the petitioners to discharge their duties
petition.
Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for
4.
oral instructions of Project Director, DRDA Guntur District, would
services, on
the activities of the petitioner as
submit that the officials are not interfering with
No.64-7/SERP/IB/2019
SangamitraA/OA. He also produced a copy of Circular
dated 29.08.2019 issued by Principal Secretary, SERP.
The Societies where the petitioner has been discharging duties, as
5.
VGA, is registered under Andhra Pradesh Mutually Aided Cooperative
intending to form into
Societies Act, 1995. Individual or Cooperative societies
shall frame bye-laws
Cooperative Societies under the aforementioned Act,
conforming to the principles of cooperation. The membership of the society
social, political, rational or
shall be voluntary and without restrictions of any
use of its services and
religious discrimination to all persons who can make
willing to accept the responsibilities of membership. Members of primary
are
and participation in
Cooperative Societies shall enjoy equal rights of voting
4 of the Act speaks
decisions affecting their Cooperative Societies. Section
prescribes that the society
about the registration of the society and Section 5
is a body corporate.
them as Village
The members of the society, normally, elect one among
6.
to the said individual.
Organization Assistant, by a resolution and pay salary
of Rural
The Society for Elimination of Rural Poverty, Department
Development, State of Andhra Pradesh, represented by its CEO, is
elimination of rural
constituted by the State to implement the schemes for
the Government of
poverty as proposed by the Union of India as well as
Andhra Pradesh, by issuing circulars from time to time, regarding appointment
of Village Organization Assistants, qualifications, procedure for selection,
termination, method of payment, duties and obligations. One of those circulars
is circular No.64-/SERP/IB/2018 dated 26.11.2018. Thereafter another
Circular No.64-7/SERP/IB/2019 dated 29.08.2019 was issued by Principal
Secretary, SERP.
7. A perusal of the 2019 circular would manifest that to alleviate poverty
and for women empowerment, 27,841 societies were formed in terms of the
provisions of A.P.Mutually Aided Co-operative Societies Act, 1995; that those
societies are autonomous bodies; that selection, removal and duties of VOA
etc., are within the purview of the members of the Society; that the duties and
responsibilities of the Staff of the Village Organization are described in Section
25 of the Act; that the staff members of the Village Organization are
answerable and accountable to the Village Organization and their
appointment, removal and performance of duties, are as per the bye-laws,
rules and regulations framed by the Executive Committee of the Village
' Organization.
The said circular further prescribes that the staff of the CBO/Project
8.
should work for development and to achieve financial stability of the Village
Organization and they should cooperate and facilitate the development of the
Village Organization and shall not influence or interfere with the decisions
of the society, (emphasis is mine)
The circular further prescribes that the staff members of the Village
9.
Organization should not indulge in the decision-making process and that the
appointments removal. duties. and responsibilities of
Sangamitrha/VOA/Animator, are to be done by the Village Organization. As
per the note in the circular, dated 29.08.2019, it was clarified that no other
circulars be issued at the district level. Circular dated 29.08.2019, will be in
force till another circular is issued.
10. Learned Assistant Government Pleader for Services would submit that
circular dated 29.08.2019 is in force to date.
11. Thus, the aforementioned circular issued by the Principal Secretary
commands no interference of the officials with the society's decision-making
process except to facilitate. The instructions of the learned Assistant
Government pleader would manifest that the officials are not interfering.
12. Given the facts and circumstances of the case coupled with the
aforementioned circular, issued by the Principal Secretary, SERP, and the oral
instructions of the learned Assistant Government Pleader this writ petition is
disposed of at the admission stage, with the consent of the learned counsel on
either side, directing the respondent Nos.4 and 5 not to interfere with the
petitioners’ discharging duties as Sangamithra / VAO. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- N. NAGAMMA
//TRUE COPY// ASSISTANT REGISTRAR
/'tK SECTION OFFICER
To
1. The Principal Secretary, Panchayat Raj and Rural
Development
Department, Secretariat, Velagapudi, Amaravathi.
2. Chief Executive Officer, The Society for Elimination
of Rural
Development, Department of Rural Development for the
State of A.P.,
2nd Floor, Dr. NTR Administrative Block, Pandith Nehru
RTC Complex,
Vijayawada, Krishna District.
3. The Project Director, District Rural Development
Agency, Velugu,
Putaparthy, Sri Satya Sai District.
4. The Assistant Project Manager, DRDA Velugu, AmadagurClustor,
Amadagur Mandal, Sri Satya Sai District.
5. The Cluster Coordinator, DRDA VeluguAmadagur Cluster,
Amadagur
Mandal Sri Satya Sai District.
6. The President, Gowthami Gramaikya Sahaya Sangam,
MalakavariPalli,
Amadaguru, Sri Satya Sai District.
7. The President, Satyasai Gramaikya Sangam, Kancharavandlapalli
Amadagur, Sri Satya Sai District.
8. One CC to M/s. Ayesha Azma S Advocate [OPUC]
9. Two CCs to GP for Services IV, High Court Of Andhra
Pradesh. [OUT]
10. Three CD Copies
HIGH COURT
DATED:30/09/2024
ORDER
WP.No.21858 of 2024
DISPOSING OF THE W.P. AT THE ADMISSION
STAGE, WITHOUT COSTS