Gangineni Nagamani, W/O. Srinivasa Rao v. State Of Andhra Pradesh, Rep. By Its Principal Secretary, Panchayat Raj And Rural Development Department
2024-09-27
SUBBA REDDY SATTI
body2024
DigiLaw.ai
ORDER : Subba Reddy Satti, J. This writ petition is filed complaining the interference of the respondents 4 to 7 in not allowing the petitioner to discharge her duty as Village Organization Assistant (VOA) of Parimala Grama Samaikya Sangam, Lingamguntla Village, Pedakurapadu Mandal, Palnadu District, without issuing any notice. 2. Heard learned counsel on either side. 3. Learned counsel for the petitioner submits that the petitioner was nominated/elected as Village Organization Assistant by the members of the 8th respondent society vide resolution dated 15.10.2019 (Ex.P1). The petitioner has been discharging her duties as Village Organization Assistant (VOA) of Parimala Grama Samaikya Sangam, Lingamguntla Village, Pedakurapadu Mandal, Palnadu District. The petitioner's service was renewed by resolution dated 17.09.2023 (Ex.P2). Due to the change in Government, respondent Nos.4 to 7 are not allowing the petitioner to discharge her duties. 4. Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for services, on oral instructions of Project Director, DRDA Palnadu District, would submit that the officials are not interfering with the activities of the petitioner as VOA. He also produced a copy of Circular No.64- 7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP. 5. The Society where the petitioner has been discharging duties, as VOA, is registered under Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995. Individual or Cooperative societies intending to form into Cooperative Societies under the aforementioned Act, shall frame bye-laws conforming to the principles of cooperation. The membership of the society shall be voluntary and without restrictions of any social, political, rational or religious discrimination to all persons who can make use of its services and are willing to accept the responsibilities of membership. Members of primary Cooperative Societies shall enjoy equal rights of voting and participation in decisions affecting their Cooperative Societies. Section 4 of the Act speaks about the registration of the society and Section 5 prescribes that the society is a body corporate. 6. The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salary to the said individual.
Section 4 of the Act speaks about the registration of the society and Section 5 prescribes that the society is a body corporate. 6. The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salary to the said individual. The Society for Elimination of Rural Poverty, Department of Rural Development, State of Andhra Pradesh, represented by its CEO, is constituted by the State to implement the schemes for elimination of rural poverty as proposed by the Union of India as well as the Government of 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; thatselection, 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. 8. The said circular further prescribes that the staff of the CBO/Project 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) 9. The circular further prescribes that the staff members of the Village Organization should not indulge in the decision-making process and that the appointments, removal, duties and responsibilities of Sangamitra/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 till date.
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 till 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 Principal Secretary, SERP and the oral instructions of learned A.G.P., this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the respondents 4 to 7 not to interfere with the petitioner’s discharging duties as Village Organization Assistant (VOA) of Parimala Grama Samaikya Sangam, Lingamguntla Village, Pedakurapadu Mandal, Palnadu District. No cost. As a sequel, pending miscellaneous petitions, if any, shall stand closed.