Madishetti Rajashekar v. The State of Telangana

...,.RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent Nos.2 in issuing the impugned recruitment notification vide Roc.No.53iTSCDRC/ADMN/2025, dated 10.04.2025, despite pendency of W.P.No.3'1474 of 2024, which was filed challenging the action of the Respondent No.2 herein, in not continuing the Petitioner in the Post of Member of the District Consumer Disputes Redressal Commission for Karimnagar, as arbitrary, illegal,contrary to Consumer Protection Act and Rules made thereunder, contrary to settled principles of law, and consequently direct the Respondent No.2 to continue the P':titioner, as Member of the District Consumer Disputes Redressal Commission for Karimnagar, by setting aside the Notification issued by the Respondent No.2, vide vide Roc. No. 53/TSC D RC/AD M N/202 5, dated 1 0.04.2025. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the cir,:umstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to suspend the impugned notification issued by the Respondent Nos.2, vide Roc.No. 53/TSCDRC/ADMN/2025, dated l0 04 2025 |.A.NO:2 OF 2025 Petition Under Section 1 51 CPC praying that in the cirr;umstances stated ln the affidavit filed in support of the petition, the High Cou( may be pleaseC te direct the Respondent No.'l to place the matter before the se ection committee fer reconsideration of the Petitioner's re-appointment, as Mernber Qf the District Consumer Qisputes Redressal Commission for Karimnagar by suspending the impugned notification issued by the Respondent Nos.2, vide Roc.No, 53/TSCpRCIADMN/2025, dated. 10,04 2025, till the matter s considered by the Selgction Committee. Counsel for the Petitioner : SRI GADDAM SRINIVAS Counse! for the Respondents : GP FOR SERVICES - ll The Court mqde the following ORDER .( 1 THE HON'BLE SRI JUSTICE NAMAVARA PU RA]ESHWAR RAO WRIT PETITION No.13756 OF 2025 ORDER: This Writ Petition is filed challenging the action of respondent No.2 in issuing the recruitment notification vide Roc No.S3/TSCDRC/ADMN/2025, dated 10.04.2025, despite the pendency of W.P.No.31474 of 2024, which challenges the non- continuation of the petitioner as a Member of the District Consumer Disputes Redressal Commission, Karimnagar, as illegal, arbitrary and contrary to settled principles of law.

2. Heard Sri Gaddam Srinivas, learned counsel for the petitioner, and the learned Government Pleader for Services-Il, appearing for the respondents. Perused the material on record. 3, The case of the petitioner, in brief, is that the petitioner was appointed on 29.L0.20t9 via No./2019/TSCDRC/ADMN, as a Member of the District Consumer Disputes Redressal Commission, Karimnagar. The petitioner's tenure got completed on 28.10.2014 and did not attain the age of 65 years as his date of birth falls on 22.07.1972, thus eligible for re-appointment. Thereby, he submitted an application for re-appointment through proper channel to respondent No.1, which was forwarded by respondent No.3 - President, DCDRC, Karimnagar - to respondent No.2 in May 2024. 2 Later, respondent No.4 - President, DCDRC, l\dilabad - also forwarded the petitioner's application to respon(lent No.2, vide Lr.No.529, dated 3t.05.2024, and Lr.No.845/2024, dated

13.09.2024, along with details of the cases disF,osed of by the petitioner from 2O2l to 2024. While W.P.No.3L474 )f 2024, filed by the petitioner challenging the action of respond< nt No.2 in not continuing him in the post, was pending, respondent No.2 issued a fresh recruitment notification, vide Roc. No. 53/TSCD R.C/ADM N/2025, dated 10.04.2025, inviting applications to fill vacan,:ies at Adilabad, Hyderabad-I, and Karimnagar, without considering the petitioner's application or following the due procedure under the Consumer Protection Act,2019. The petitioner also filed llTI applications seeking the minutes of the selection committee ,)nd confidential reports submitted to respondent No.1, which werrr not furnished, and an appeal before the Telangana State Information Commission is currently pending. Aggrieved by the same, the pel.itioner has filed the present Writ Petition.

4. Learned counsel for the petitioner submits th,at the action of respondent No.2 in issuing the impugned recruitm,:nt notification, while W.P.No.31474 of 2024 is still pending and without considering the petitioner's application for re-appointment, is arbitrary and contrary to law. He further submits that the pet tioner,s limited prayer in the present Writ Petition is for reconsideration of his case i I I I l 3 for re-appointment as Member of the DCDRC, Karimnagar, by placing it before the competent selection committee.

5. Learned Government Pleader for Services-Il, appearing for the respondents, submits that no objection for the matter to be placed before the selection committee for reconsideration of the petitioner's case. 6 In view of the submissions made by both the learned counsel record, without going into the merits of the case, the present Writ Petition is disposed of, directing the respondents to place the petitioner's case for re-appointment as a Member of the District Consumer Disputes Redressal Commission, Karimnagar, before the competent selection committee for reconsideration and pass appropriate orders in accordance with law, within a period of eight (B) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed //TRUE COPY// SD/-V. KAVITHA EPUTY REGISTRAR SECTION OFFICER ry, Consumer Affairs Food Civil Supplies Bhavan Erra man Civil Supplies, jil, State of Telangana To

1. The Ex. Officio Secreta (CS.l.RC) DePartment, at Hyderabad. Eruvaki Building, Khairatabad, Hyderabad-

2. ihe heoistrar, Telangana State Consumer Disputes Redressal Commission, 3. The District Qoniumer Disputes Redressal C-ommission, (arimnagar' +. The Distrlct Consumer, Didputes Redressal Commission, Adilabad' S. fwo CCs to GP FOR SERVICES-II, High Court for the State of Telangana at Hyderab 6 One CC M SRINIVAS, AdYocate IOPUCI ad. [QUr] to S$l GADDA HlGH COURT DATED:0210512025 ORDER WP.No.13756 of 2025 DISPOSING OF THE W.P WITHOUT GOSTS. ?. Ti{E S14 t 12,Ull 2m i\2ti c, lt o \ .., -^./ {--- Io w