THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.20777 OF 2010 DATED:31-08-2010 Between: B.Narayan Reddy ..... PETITIONER AND The Principal District Judge, District Court Complex, Hanamkonda, Warangal District. .....RESPONDENT ORDER:(Per Hon’ble Sri Justice A.Gopal Reddy) Petitioner, by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeks issuance of a writ of Mandamus declaring the action of the respondent in refusing to receive the application of the petitioner on the ground of over aged against the post of Attender published vide notification No.15/RC/2010 Dis.No.5926, dated 02-08-2010, as contrary to law, illegal and violative of Articles 14 and 16 of the Constitution of India. 2. Through the notification No.15/RC/2010 in Dis.No.5926, dated 02-08-2010, applications are invited from the eligible candidates for the post of Attenders, prescribing the qualification and the age limit as 34 years in respect of open category candidates. Petitioner is admittedly 38 years as on the cut off date mentioned in the notification. 3. The present writ petition is filed contending that the Government, vide Adhoc Rules, issued Article 309 of the Constitution of India relaxing the upper age limit by five years i.e., 34 to 39 years for direct recruitment to the State and Subordinate services to be conducted by the APPSC for the various categories of vacancies reported by the Finance Department, vide G.O.Ms.No.709 GA (Ser.A) Department, dated 25-11-2008; G.O.Ms.No.335, dated 04-07-2009 and G.O.Ms.No.336, dated 04-07-2009. It is stated that a similar relaxation of upper age limit from 34 to 39 years was given in respect of several posts vide recruitment notification, dated 29-09-2009, issued by the District Collector & Chairman, Selection Committee, Warangal District. The upper age limit in respect of the recruitment to the posts under the State and Subordinate services as well as Last Grade Services was given to the extent of 5 years from maximum age limit of 34 to 39 years as on 1st July as the cut off date. Therefore, petitioner is entitled to the post of Attender. 4. Learned counsel for the petitioner contends that even assuming that the provisions of the A.P.Judicial Ministerial Services Rules apply, the vacancies which have arisen during the year 2008 have to be filled in the said year and 1st July, 2008 should be taken into consideration to determine the age of the candidate and that the candidature of the petitioner be considered for appointment. 5. We do not see any merits in this Writ Petition as well as in the contentions raised by the learned counsel for the petitioner. 6. This Court, in W.P.No.447 of 2007 categorically held that by G.O.Ms.No.50, dated 23-04-2009, the post of Attender was brought under the A.P.Judicial Ministerial Services Rules, 2003. In view of the same, the contention that the A.P.Last Grade Service Rules are applicable to the post of Attender, does not merit consideration, since the notification, as such, is issued prescribing that the age of the candidates does not cross 34 years in case of general candidates and 39 years in case of SCs, STs and BCs as on 01-07-2009 i.e., the year in which the notification has been issued. A person who has crossed the said upper age limit is not eligible for consideration. 7. This Court further held that the Government issued G.O.Ms.No.772 G.A. (Ser.A) Department, dated 09-10-2007, extending the age limit by four years from 34 to 38 years for the purpose of direct recruitment to various categories of posts to be notified by the concerned recruiting agencies, as per the letters referred in the G.O. Further, the Government by G.O.Ms.No.709 G.A. (Ser.A) Department, dated 25-11- 2008, further raised the age limit from 34 to 39 years for the ensuing direct recruitments to various categories of posts notified in the references stated in the said G.O. by allowing the age concession in favour of SC/ST/BC candidates and accordingly, issued the Adhoc Rule to raise the upper age limit of 34 years by 5 years under the A.P.State and Subordinate Service Rules, which clearly confines for appointment by direct recruitment to the post in the A.P.State and Subordinate Services to be made by the A.P.P.S.C. in respect of the vacancies notified by the Government in Finance (SMPC) Department, vide D.L.Letters No.22841, dated 10-09-2007, but not in uniform service to all the posts. 8. For the reasons aforementioned, this writ petition do not merit consideration. Accordingly, the same is dismissed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J. _______________ K.C.BHANU, J 31st Augut, 2010. Tsy