Telangana High Court
WP/27843/2008 of M.Jayalakshmi Vs The Government of Andhra Pradesh, rep.by its Secretary on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM And THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No: 27843 of 2008 BETWEEN: M. Jayalakshmi W/o.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENT
THE HON'BLE MR JUSTICE GODA RAGHURAMAnd THE HON'BLE MR JUSTICE SANJAY KUMAR
WRIT PETITION No: 27843 of 2008
BETWEEN:
M. Jayalakshmi W/o. P.V. Bhavannarayana, II Additional District Judge, Amalapuram East Godavari District.
... PETITIONER
AND
1 The Government of Andhra Pradesh, rep. by its Secretary Law Department, Secretariat, Hyderabad.
2 The High Court of Andhra Pradesh, rep. by its Registrar General, Hyderabad. Hyderabad.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court may bepleased to issue a writ of mandamus or any other appropriate writ order ordirection declaring the Rules 4(2)(ii) and 12(b) of the Andhra Pradesh StateJudicial Service Rules, as also the clauses 1(A) and (B) of the notificationNo.2/203-RC dated 11.8.2003 issued by the 2nd respondent being againstthe principles laid down by the Hon`ble Supreme Court through its judgmentreported in 2002(4) SCC 247 as illegal, arbitrary, and violative of Articles,14& 16 of the Constitution of India and also violative of principles of naturaljustice etc and consequently direct the respondents to consider cases ofpetitioner irrespective of her cadre in the service then declare the result ofpetitioner of the interview conducted by the 2nd respondent pursuant to thenotification No.2/203-RC dated 11.8.2003 and grant such other just andconsequential relief or reliefs as this Hon`ble court may deem fit and properin the circumstances of the case Counsel for the Petitioner: MR.N.V.ANANTHA KRISHNA
Counsel for Respondent No.1: GP FOR LAW
Counsel for Respondent No.2: MR.G.VIDYASAGAR (SC FOR APHC)
The Court made the following:
ORDER: (per Hon’ble Sri Justice Goda Raghuram)
This writ petition is filed challenging the provisions of the Rules 4(2)(ii)and 12(b) of the Andhra Pradesh State Judicial Service Rules, 1962 issuedunder G.O.Ms.No.2207 Home (Personnel.A) Department dated 04.12.1962.
2. The 1962 Rules are repealed and substituted by the Andhra PradeshState Judicial Service Rules, 2007, issued in G.O.Ms.119 Law (LA&J SC.F)Department dated 02.08.2008, which came into effect from 01.01.2007.
The writ petition instituted is, thus, misconceived and is accordinglydismissed. There shall be no order as to costs.
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GODA RAGHURAM, J
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SANJAY KUMAR, J