P. VENU GopAL sENtoR couNSEL REp Ms. A v. S. LAXMI
Case Details
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...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed theiewith, the High Court may be 'pleased to issue afiy writ, order or direction more particularly one in the nature of wRlr oF MANDAMUS dectaring the notification vide Roc No. 2o7|TSCDRC/ADMN|2A23, dt. 04. 09.2023. published on 04. 09. 2023 with reference to the post of President (Woman) in District Consumer Disputes Redressal Commission, Medak at Sanga Reddy in the State of Telangana and Selection Committee minutes dated 27th August, 2023 rejecting request for re- appointment without assigning any valid reasons, as arbitrary, ilegal, discriminatory and violative of Art. 14, 16, 21 of the constitution of lndia and by nullifying the same direct the respondents to order petitioners Re. appointment as President, District Consumer Di.sputes Redressal Commission, Medak at Sangareddy on par with other re- appointed Presidents under G. O. Rt. No. 33, dt. 29. 06. 2022 and G. O. Rt. No. 54, dt.24. 12.2022for another term lA NO: 1 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 suspension of the Recruitment Notification issued by the 2nd Respondent vide RoC No. 2O7ITSCDRC/ADMN t2023, 04. 09. 2023, published on dt. 04. 09. 2023, pending disposal of the above writ petition 'dt. lA NO: 2 OF 2023 Petition underSection 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 for Continuation of the Petitioner's seryices by reinstating her as President, District Consumer Disputes Redressal Commission, Medak at Sangareddy lA NO: 1 OF 2025 Between:
1. State of Telangala, Rep. . by its Ex- offico Secretary, Consumer Affairs, Food and Civil-9ltppties Department, Civil Supplies-Bhavan, Erramanjil, Hyderabad- 500004 2. Iela.ngana_State consumer Disputes Rgdressal commission, Rep. by its Registrar, Eruvaka Building, Khairatabad, Hyderabad- 500004. AND ...RESPONDENTS Smt. Pandala Kasthuri, w/o. sri M. Vrjay Kumar, Aged s4 years, occ Former- President, District Consumer Disputes Redressal Commission, tVledak at 9ang.aredoy,.Yo. H. No. 1- 5- 11771301, RgyalResidency, New tvaruti Nagar Bggd, Near Kanyakaparameshwari remple, Dilsukhnag-ar, Hyderabad- 5--00 035. ...RESPONDENT/PETITTONER 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 vacate the interim order passed on 22-09-2023 in l.A.No. 1 of 2023 in WP.No.26332 of 2023 Counsel for the Petitioner: sRl P. VENU GOPAL SENIOR GOUNSEL REp Ms. A. V. S. L0(Ml Counsel for the Respondents: GP FOR SERVICES ll W.P.No: 32020 OF 2024 Between: smt Pandala Kasthuri, wo. Sri M.Vijay Kumar, Aged 54 years. occ Former- President. District Consumer Disputes Redressal Commission, tr/edak at Qangareddy, R/o. H.No.1-5-11771301, Royal Residency, New t\Iaruti Nagar Road, Near Kanyakaparameshwari Temple. Dilsukhnagar, Hyderabad-s00 035. AND ...PETIT!ONER 1 2 state of Telangana, Repby its Ex-offico Secretary. consumer Affairs, Food and _Civil Supplies Department, Civil Supplies Bhavan, Erramanjil, Hyderabad- 500004. Telangana_State C_orysgmer Disputes Redressal Commission, Rep by its Registrar, Eruvaka Building, Khairatabad, Hyderabad-500004 ...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 any writ, order or direction more particularly one in the nature of wRlr oF TMANDAI/US declaring the notification vide Roc No.207ITSCDRCIADMN/2023, dt.04.09.2023, published on 04.09.2023 with reference to the post of President (Woman) in District Consumer Disputes Redressal Commission, Medak at Sanga Reddy in the State of Telangana and Selection Committee minutes dated 27th August, 2023 rejecting the Petitioner request for -r'e-appointment without assigning any valid reasons and the impugned proceedings vide Memo No.1171lCS-l-RC12023 dated 20.08.2024, as arbitrary, illegal, discriminatory and violative of Art. 14, 16,21 of the Constitution of lndia and by nullifying the same direct the respondents to order the Petitioner Re-appointment as President, District Consumer Disputes Redressal Commission, Medak at Sangareddy on par: with other re-appointed Presidents under G.O.Rt.No.33, d1.29.06.2022 and G.O.Rt.No.54, dt.24.12.2022 and also to certain other District Commission/State Commission Members on 28t1012024, for another term 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 order suspension of the Recruitment Notification issued by the 2nd Responderit vide Roc No.207lTSCDRC/ADMN/2023, dt.04.09.2023, published on dt.04.O9.2023 and the impugned Memo No.1171lCS-l-RCt2O23 dated 20.o8.2o24 issued by the 1't Respondent, pending disposal of the above writ petition lA NO: 2 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 for Continuation of my services by reinstating me as President, District Consumer Disputes Redressal Commission, Medak at Sangareddy, pending disposal of the above writ petition and pass such other order or orders inay deem fit and proper in the circumstances of the case. pending disposal of the above writ petition lA NO: 1 oF 2025 Between 1 2 state^.o{. Telangana, Repby its ^Exlofico secretary. consumer Affairs, Food and 9ivil Supplies Department, civil Supplies Bhav'an, erraminlit, Hvoeiaoao- 500004. Tela.ngana_State c_olpymer..Disputes Redressal commission, Rep by its Registrar, Eruvaka Building, Khairbtabad, Hyderabad-S0OOo+ - ' ... PETITIONERS/RESPONDE NTS AND smt Pandala Kasthuri, w/o. Sri M.Vijay Kumar, Aged 54 years. occ Former- President. District p.o.nsyrye1. _Dl9puies Redressll ComiriJsion trrteOat at sang.areddy, .Vo. H.No.1-5-1 1 rrt3o1 ! Royal Residency, New-tviaiuti Nrdi Road, Near Kanyakaparameshwari remfle. Dilsukhni(Jar, HyderJ6ad_500 035. . ...RESPONDENT/PETITIONER 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 vacate the interim order passed on 2511112024 in lA.No. 1 of 2024 in W.p.No. 32020 of 2024 counsel for the Petitione.r: sR! P. VENU GopAL sENtoR couNSEL REp Ms. A. V. S. LAXMI Counsel for the Respondents: GP FOR SERVTCES ll The Court made the following: ORDER '{\ .,1-_. THE HON'BLE SRI JUSTICE PULLA I(ARTHIK UIRIT PETITION Nos.26332 of 2o23 AND 32O2O of 2O24 COMMON ORDER: ' Since the subject matter of the present Writ Petitions is inter se connected with each other, they are taken up together and being disposed of by this common order. 2l Heard Sri P.Venu Gopal, learned senior counsel, representing Ms.AVS Laxmi, learned. counsel for the petitioner, and learned Government Pleader for Services-Il appearing for the respondents. 3) Facts leading to filing of the present writ petitions are as under: The petitioner was appointed as president, District consumer Forum, Medak District at sangaredd.y, for a period of Iive years vide G.o.Rt.No.83, consumer Affairs, Food & civil Supplies (cs.I-RC) Department, dated l2.og.2oLB. Accordingly, she joined the duty on l4.og.2ol8 and has successfully completed the tenure of five years. Further, on 22.03.2023, petitioner has submitted a representation to respond.ent No.2 for ,/^ 2 WPs 2633? 2023 &'32o2oP;z:4 her re-appointment. However, the request of the petitioner for re-appointment was rejected uide proceedings dated 27.o8.2o23 and thereafter on 04.09.2023, respondent No.2 has issued the notification for fresh recruitment. Challenging the rejection order dated 27.o8.2o23 and the notilication dated o4.og.2o2g, petitioner has filed W.P.No.26332 of 2023 wherein this Court has passed interim order on 22.09.2023 directing respondent No.1 therein to place the matter before the Selection Committee for reconsideration of the issue along with the judgment of the High court of Bombay and till such time the decision is taken by the Selection committee, the notification dated o4.o9.2o23 was suspended in respect of the post held by the petitioner. Subsequent to passing of the interim order dated 22.og.2o23, respondent No.2 has passed the impugned rejection order dated
20.08.2024 without assigning any vatid reasons. Therefore, the petitioner has filed W.P.No.32O2O of 2024 before this Court.
3.1 Learned senior counsel has drawn the attention of this Court to the orders passed by the Honble Supreme Court while dealing with Review Petitions in Ganeshkumar RajeshwarRqo \ \ I I I f 3 PK, J WPs 26332_2023 &32020 2024 Seluka;r a. Mahendra Bhqsko;r Limaget wherein certain directions were issued to the Union of India to notify the new Rules and the consequential Memorandum dated 26.o8.2o2s issued by the Union of India, Ministry of consumer Affairs, Food and Public Distribution Department of consumer Affairs, wherein it is stated that till the suitable amendments are mad.e in the consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the state commission and District commission) Rules, 2o2o, the summary reliefs enunciated in Mahendrq. Bhq,skor Limagers cq.ste (referred supra), shall prevail and submits that the case of the petitioner is squarely covered by the above said orders. Learned senior counsel further submits that following the decision of the Hon'ble supreme court in Mahendra Bhoaskorr Limage's case (refeted supra} the High of Andhra pradesh in w.P.No.21729 of 2025 has passed interim orders on 18.08.202s directing respondent No.2 therein to reinstate and continue the petitioner therein as President of District Consumer Disputes Redressal commission, Machilipatnam, till the new Ru1es are r 1zo25l8 scc 634 4 PK, J WPs 26332 2023 &32020 2024 framed in terms of clause (4) thereof. Therefore, the learned senior counsel prays this court to pass similar in the present case also, as the case of the petitioner squarely falls under the directions given by the Honble supreme court in Mahendra Bhaskrrr Limagers case (referred suprol). 4) The above made submission is not disputed by the learned Government Pleader. 5) A perusal of the material on record reveals that admittedly, the petitioner was appointed as president, District Consumer Forum, Medak District at sangareddy, for a period of five years vide G.o.Rt.No.83, consumer Affairs, Food & civil Supplies (cs.I-RC) Department, dated 12.09.201g, for a period of s years. Thereafter, on 27.o3.2o2s i.e. before expiry of her tenure, petitioner mad.e a representation to respondent No.2 seeking re- appointment. As the said request was rejected and a fresh recruitment notification was issued by the respondents, petitioner has approached this court in w.p.No.26332 of 2o2z wherein this court has passed the follo*i.rg interim order on
22.O9.2023: \ \ 5 PK, J WPs 26332_2023 &32020 ZO24 "..- Therefore, as an interim measure, this court deems it fit and proper to direct the respondent No.1 to place the matter before the Selection committee for reconsideration of the issue along with the judgment of the High court of Bombay and till such time that a decision is not taken by the selection committee, recruitment notice dated o4.og.2o23 shall stand suspended only in respect of the post of president in District Consumer Disputes Redressal Commission, Medak at Sangareddy." 6) Thereafter also, respondent No.2 has passed another rejection order dated 20.og.2o24. As such, the petitioner has filed the subsequent writ petition vide w.p. No.3202 o of 2024. 7) For better adjudication of the /is, this court feels it necessary to reproduce the relevant portion of the judgment (i.e. para 1o2 (4) of the Honbre supreme court in Mq.hend.ra Bho'skqr Limage's cc'e (referred supra), which is as und.er: "4) As regards the status of appointment to the posts of and District the following President and Members of the Commissions, we are pleased to directions: State : t I I I Ii -.^l 6 PK, J WPs_26332 2023 &32020 2024 3 Category of Persons Presidents and Members of the State and District Commissions who appointed and service prior to Limage-I (supra). Relief They shall be allowed to complete their tenure in entirety. In the event of their tenure ending before the completion of the recruitment process under the new Rules to be notified; their appointment shall be allowed to continue until the completion of the said recruitment process. 8) As borne from the record, the petitioner fulfills the above criteria and therefore entitled for the relief stipulated. thereunder i.e. continuation until the completion of recruitment process under the new Rules to be notified. 9) Further, in similar circumstances, the High Court of Andhra Pradesh, by placing reliance. on the decision of the Honble supreme court in Mahendra Bhoskor Limage's co,se (refeted. supro,)has passed interim orders dated 18.08.2025 in w.P.No.2l729 of 2025. operative portion of the said interim order reads as under: "In the light of the above extracted judgment of the Honble Supreme Court, there shall be an interim direction to Respondent No.2 to reinstate and continue the petitioner as \ \ \ \ 7 PK, J WPs 26332 2023 &32020 2024 President of District Consumer Disputes Redressal Commission, Machilipatnam, till the new Rules are framed in terms of Clause (4) thereof pending further orders." 10) since the case of the petitioner stands on same footing, this court is of the view that it is appropriate to direct the respondents to reconsider the case of the petitioner for re- appointment to the post of President in the light of the judgment of the Hon'ble Supreme court in Mq.hendra Bhaskqr Limage's ccrse (referred supro,) as well as the interim ord.er dated
18.08.2025 passed by the High court of Andhra pradesh in w.P.No.21729 of 2025, and pass appropriate orders, without reference to the impugned rejection orders dated 27.0g.2023 and 20.08.2024. 1 1) with the above direction, w.p.N o.32o2o of 2024 is disposed of and W.P.No.26332 of 2023 is closed. Miscellaneous petitions pending, if &ry, in this writ petition shall stand closed. No costs. //TRUE COPY// JAYASREE ASSISTANT REGISTRAR6 SECTION OFFICER To, t
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5. Two CD Copies BM \wBS I I HIGH COURT DATED:2511112025 t \ COMMON ORDER t. q I .{HE Sl-,4 F. /\. ,,} 12 Dit 2ffi * I .,ri i' l-5 r: 1.;111 l: WP.Nos.26332 OF 2023 AND 32020 OF 2024 CLOSING.THE W.P. NO. 26332 OF 2023 WITHOUTCOSTS AND DISPOSING OF THE WRIT PETtilON NO.32020 0F 2024 WITHOUT COSTS