M.Latha v. The State Of Telangana And 3 Others

[ 3387 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE ANIL KUMAR JUKANTI REVTEW t.A.NO.2 0F 2023 IN WRIT PETITION NO: 13470 OF 2019 Between:

M.Latha, D/o. M.Balaraju, Aged 49 years, O/o. Commissioner of Sericulture, Rd.No.72, Prashasant Nagar, Jubilee Hills, Hyderabad, R/o. Hyderabl*=.,r,or=* AND

1. The State of Telangana, rep. by its Principal Secretary, Agriculture and Cooperation (Sericulture) Department, Secretariat, Hyderabad.

2. The Commissioner of Sericulture, State of Telangana, Prashasantt Nagar, Jubilee Hills, Hyderabad.

3- Sri Md.Shamshuddin Ahmed, S/o and Age not known, O/o.Asst. Director of Sericulture, Karimnagar, Karimnagar District.

4. Sri D.Muralidhar Reddy, S/o Laxma Reddy, Aged 55 years, Sericulture Officer, O/o.Joint Director of Sericulture, Warangal, Warangal District. ...RES'ONDENTS Petition under Section 'l 14 R/w. Order 47 Rule 1 of CPC praying that for the reasons stated in the Memorandum of grounds filed in support of the petition, the High Court may be pleased to review the orders passed in W.P.No. 13470 of 2019, dated 8/11t2023 This petition coming on for hearing, upon perusing the petition and memorandum of grounds filed in support thereof and upon reading the Order dated 08.11.2023 in W.P.No.13470 of 2019 and upon hearing the arguments of Sri G. Vidya Sagar, Senior Counsel for Smt. K. Udaya Sri, Counsel for the Review Petitioner and GP for Services - lll on behalf of Respondent Nos. 1 & 2, the Court made the following: ORDER "

This application is filed seeking to review the order dated 08.11.2023 passed by this Court in W.P.No.'1347O of 2019-

Heard Sri G. Vidya Sagar, learned Senior Counsel appearing for the review petitioner and the learned Government Pleader for Services-lll appearing for respondent Nos.1 and 2.

Learned Senior Counsel appearing for the review petitioner had contended that the contesting respondents have approached the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, 'the Tribunal') by filing O.A.No.4541 of 2o15 for notional promotion in the cadre of sericulture officer in Zone-v for the panel year 1990-199. The Tribunal has allowed the said O.A filed by the contesting respondents. Aggrieved by the order passed by the Tribunal, the review petitioner 'has approached this Court by filing W.P.No.36871 of 2018 and the State has filed W.P.No.13470 of 2019 and this Court, considering the submissions made by the learned Government Pleader has dismissed the said writ petitions vide common order dated 08.11.2023 on the ground that the review petitioner was promoted as Joint Director of Sericulture vide G.O.Rt.No.492, dated 08.

10.2023 and the grievance of the review petitioner has been resolved. Learned Senior Counsel had further contended that let the common order, dated 08.11.2023 passed by this Court in W.P.Nos.36B71 of 2O1B & 13470 ol 2019 be recalled and let the matters be decided on merits, otherwise, the review petitioner would be put to irreparable loss and hardship. Having considered the said submissions, this Court is of the view that both the writ petitions were not adjudicated on merits and they were dismissed on the submissions made by the learned Government Pleader. Hence, the common order dated 08.11.2023 passed by this Court in W.p.Nos.36871 of 2018 & 13470 ot 2019 is recalled and the writ petitions are restored to its file. Accordingly, the Review Application is allowed.

At the fag end, we were informed by the learned Senior Counsel for the review petitioner that all through the pendency of the writ petitions, there was stay of the Tribunal's order and let the same order be continued.

Therefore, the interim order stands restored and the same shall continue till the matter is adjudicated on merits."

SD/.A.V.S,PRASAD ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER The Principal Secretary, Agriculture and Cooperation (Sericulture) Department, State of Telangana, Secretariat, Hyderabad.

The Commissioner of Sericulture, State of Telangana, Prashasantt Nagar, Jubilee Hills, Hyderabad.

The Section Officer, Writ Division Bench Section, High Court for the State of Telangana One CC to Smt. K Udaya Sri Advocate IOPUCI 4.

5.

6.

I\4BC GJP Two CCs to GP Two CD Copies For Services, High Court for the State of Telangana. [OUT]

dI HIGH COURT DATED: 1610212024 NOTE:

POST WRIT PETITION FOR FINAL HEARING IN THE USUAL COURSE HE SIA 14:

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ORDER

REVIEW I.A.NO.2 OF 2023 IN WRIT PETITION NO: 13470 OF 2019 ALLOWING THE REVIEW PETITION *\r\rt