GAJJALA VENKATA LAKSHMI Vs. STATE OF A.P.

JUDGEMENT

(1.) The Writ Petition is filed seeking the following relief: to issue a Writ order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the Memoo.WDC01/2383646/2024/Prog-ll/A2, dtd. 23/9/2024 holding the services of the petitioner as Chairperson, AP Women's Commission despite her tenure lasts till 16/3/2026 as per Sec. 6(1) of the Andhra Pradesh Women's Commission Act, 1998 (as amended by Act 9 of 2023) as unjust, arbitrary. No.1 the impugned in memo illegal and being in violation of the Fundamental Rights of the petitioner guaranteed under Article, 16, 19 and 21 of the Constitution of India besides being in violation of Sec. 6(1) of the Andhra Pradesh Women's Commission Act, 1998 (as amended by Act 9 of 2023) and consequently set aside the impugned memo No.WDC01/2383646/2024/Prog-ll/A2, dtd. 23/9/2024 directing the 1st respondent to continue the services of petitioner as Chairperson, A.P. Women's Commission till the completion of tenure of the petitioner till 16/3/2026 in accordance with Sec. 6(1) of the Andhra Pradesh Women's Commission Act, 1998 (as amended by Act 9 of 2023) with all consequential benefits ..."

(2.) Averments, in brief, in the affidavit are that the petitioner was appointed as Chairperson to the Andhra Pradesh State Women's Commission vide G.O.Ms.No.13 dtd. 15/3/2024 by the 1st respondent under Sec. 6(1) of the Andhra Pradesh State Women's Commission Act, 1998 (for short "the Act"). The petitioner assumed charge on 16/3/2024 and has been rendering the duties. The 1st respondent issued Memo No.WDC01/2383646/2024/Prog.II/A2, dtd. 23/9/2024, impugned in the writ petition, holding the petitioner's service as Chairperson of the Commission for the remaining period. The impugned memo is contrary to the tenure prescribed by the statute under Sec. 6 (1) of the Act. The authority ignoring Sec. 6 (1) of the Act, issued the order/memo under Sec. 6 (3) of the Act. Before the petitioner was appointed as the Chairperson, earlier incumbent Smt.V.Padma was appointed vide G.O.Ms.No.14 dtd. 8/8/2019 for a tenure of 5 years, after the resignation of earlier incumbent by name Smt.N.Rajakumari. The petitioner is appointed for two years. With these averments, the above writ petition was filed.

(3.) Heard Sri Jada Sravan Kumar, learned counsel for the petitioner and the learned Advocate General for Respondents.