S. THILAGAVATHY versus STATE OF TAMIL NADU AND ORS.

S. THILAGAVATHY versus STATE OF TAMIL NADU AND ORS.

Appeal from the order passed with appellant’s consent is not maintainable; challenge to transfer order cannot be revived after consent before the Single Judge; the issue of reinstatement to Grade I post was not considered by the Division Bench and appellant is at liberty to seek review.

Parties
Appellant: S. Thilagavathy; Respondents: State of Tamil Nadu and Ors.
Jurisdiction
India
Judgment Date
06 May 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal Against Division Bench Decision Dismissing Writ Appeal Against High Court Single Judge's Decision on Writ Petitions
Outcome
Appeal dismissed subject to liberty to seek review before High Court Division Bench
Legal Topics
Maintainability of Appeal Against Consent Order, Reinstatement and Service Grade, Jurisdiction of Civil Courts on Service Matters
Administrative Law Service Law Maintainability of Appeal Against Consent Order Reinstatement and Service Grade Jurisdiction of Civil Courts on Service Matters

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Parties

S. Thilagavathy

Appellant

State of Tamil Nadu and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Division Bench Decision Dismissing Writ Appeal Against High Court Single Judge's Decision on Writ Petitions

Legal Issues

  1. 1 Whether the appellant could maintain a writ appeal against a consent/non-speaking order regarding transfer and reinstatement?
  2. 2 Whether the Division Bench erred in not dealing with the appellant’s case on reinstatement to Grade I post?

Ratio Decidendi

Appeal from the order passed with appellant’s consent is not maintainable; challenge to transfer order cannot be revived after consent before the Single Judge; the issue of reinstatement to Grade I post was not considered by the Division Bench and appellant is at liberty to seek review.

Court Disposition

Appeal dismissed subject to liberty to seek review before High Court Division Bench

Orders

  • Liberty to appellant to file review petition before Division Bench of High Court regarding order in WP No. 4318/97.
  • No reason to interfere with dismissal of challenge to transfer order.