Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal against consent order |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Appeal: Appeal against consent order/non-speaking order - Maintainability of - Appellant working as Instructor in grade I in respondent-Board - The Board passed order transferring the appellant - Writ petition by appellant challenging her transfer order - Appellant thereafter not reporting for duty -- Order of discharge - Appellant filing writ petition, but withdrawing the same on assurance of reinstatement - Restored back on grade II instead of grade I - Appellant filing writ petition after three years seeking reinstatement on grade I - Single judge of High Court dismissing writ petitions by combined order - Writ appeal dismissed by Division Bench on the ground that since the appellant had agreed to join at the transferred place and given an assurance to that effect to the Single Judge, the appeal was not maintainable - On appeal, held: Division Bench was right in holding that the appellant could not prefer a writ appeal against the order which was passed with her consent as she had given up her challenge before the Single Judge against the order of her transfer- No reason to interfere with that part of the order of the Single Judge - However, Division Bench did not deal with the issue concerning reinstatement on grade II post - In the said circumstance, the appellant ought to have taken steps by way of review petition before the Division Bench and pointed out the error that 'her appeal arising out of writ petition seeking reinstatement on grade I was not dealt with at all by the Division Bench - It is left open to the appellant to approach Division Bench by way of review. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2011 INSC 363 |
Petitioner | S. Thilagavathy |
Respondent | State Of Tamil Nadu And Ors. |
SCR | [2011] 6 S.C.R. 225 |
Judgement Date | 2011-05-06 |
Case Number | 3991 |
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