Citation : 2025 Latest Caselaw 4139 Tel
Judgement Date : 20 June, 2025
HON'BLE MRS. JUSTICE SUREPALLI NANDA
I.A.NO.1 OF 2025 IN/AND
WRIT PETITION No.29957 OF 2023
ORDER:
Heard Sri Ponampelli Ravi, learned counsel
appearing on behalf of the petitioner and the learned
Assistant Government Pleader for Services(Home)
appearing on behalf of the respondents.
2. The petitioner approached this Court seeking the
prayer as under:
"....to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus declaring the impugned Memo No.9905/General/A2/2023, dt.07.10.2023 passed by the 2nd respondent is as violation/deviation of Rule 12(V) proviso is highly illegal, Void-ab-initio in deviation of Hon'ble Apex Court Judgment extending period in all prospects & petitions is period of 90 days, Age cap of 45 days is in deviation of the orders & Rules there under consequently declare clause of age cap on par at par notification issued date by TSLPRB. Otherwise, it will be violation of Articles 14 and 16 of the Constitution of India. As such struck down the clause B of sub clause a) in notification page no.18
SN,J W.P.No.29957_2023
of 48 in regard age gap in line with the Rule 12(V) proviso of the Telangana State and Subordinate Service Rules, 1996 and consequently to consider the representation of the Petitioner into selection process about the over age of 45 days/one month 14 days as per the notification No.41/Rect/Admn- 1/2022, dt.25.4.2022 and to pass such other order or orders as this Hon'ble Court, may deem fit and proper in the circumstances of the case and in the interest of the justice."
3. The petitioner filed I.A.No.01 of 2025 seeking prayer as under:-
".....to pass order/orders by directing to respondents to consider the petitioner representation dated 08.02.2024 for reviewing speaking order vide memo No.9905/General/A2/2023, dated 07.10.2023 which was issued by the Principal Secretary to Government and with due respect of State Minister, Government of Telangana issued letters to respondents, dated 15.02.2024 & 28.03.2024...."
4. Learned counsel appearing on behalf of the petitioner
refers to the prayer in I.A.No.1 of 2025 in W.P.No.29957 of
2023 and contends that if I.A. No.1 of 2025 is allowed as
SN,J W.P.No.29957_2023
prayed for, the petitioner would not insist for the prayer as
sought for in the main writ petition.
5. Learned Assistant Government Pleader for Services-I
appearing on behalf of the respondents does not object for
allowing of I.A.No.1 of 2025 in the present writ petition as
prayed for.
6. TAKING INTO CONSIDERATION:
A) The aforesaid facts and circumstances of the
case,
B) The prayer as sought for in I.A.No.1 of 2025 in
the present writ petition (referred to and extracted
and above),
C) The submissions made by the learned counsel
appearing on behalf of the petitioner and the learned
Assistant Government Pleader for Services-I
appearing on behalf of the respondents and, upon
consent,
SN,J W.P.No.29957_2023
I.A.No.1 of 2025 is allowed directing the
respondents to consider the petitioner's
representation dated 08.02.2024 for reviewing the
impugned speaking order vide memo No.9905/
General/A2/2023, dated 07.10.2023 issued by the
respondent No.2 in accordance to law in conformity
with the principles of natural justice by providing an
opportunity of personal hearing to the petitioner
within a period of four (04) weeks from the date of
receipt of the copy of the order and duly communicate
the decision to the petitioner herein.
With the above direction, the writ petition is
disposed of. However, there shall be no order as to
costs.
Miscellaneous applications, if any, pending shall stand
closed.
__________________________ MRS. JUSTICE SUREPALLI NANDA 20.06.2025 LPD
SN,J W.P.No.29957_2023
HON'BLE MRS JUSTICE SUREPALLI NANDA
I.A.NO.1 OF 2025 IN/AND
WRIT PETITION No.29957 OF 2023
20.06.2025 LPD
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