The State Of Telangana v. Mohd. Naseer

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY Writ Appeal No.718 of 2019 23.09.2019 Between:

The State of Telangana and others ...Appellants and Mohd. Naseer

...Respondent

Counsel for the appellant: Mr. S. Sharath Kumar, Special Government Pleader Counsel for the respondent : Ms. G. Uma Rani The Court made the following:

HCJ&AAR,J W.A.No.718 of 2019 JUDGMENT: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The State has challenged the legality of the order dated 10.07.2019, passed by a learned Single Judge, in WP (TR).No.3614 of 2017, whereby the learned Single Judge has allowed the writ petition and directed the appellant-respondents to reinstate the petitioner into service without any benefits in relation to his past service, including seniority, continuity of service and attendant benefits. This Court has asked a pointed query to Mr. S. Sharath Kumar, the learned Special Government Pleader appearing on behalf of the appellants, as to how this appeal is maintainable, when the impugned order is a consensual one? To this query, the learned Special Government Pleader submits that, in fact, no consent was given by the learned Government Pleader appearing on behalf of the appellants before the learned Single Judge.

If this be so, then the appellants are required to file a review petition before the learned Single Judge. For, it is only the learned Single Judge, who would be in a position to appreciate the contention that "no consent was given before the learned Single Judge". Mr. S. Sharath Kumar, the learned Special Government Pleader, seeks time to file a review petition before the learned Single Judge.

Therefore, this appeal stands disposed of. There shall be no order as to costs.

The miscellaneous petitions pending, if any, shall stand closed. _____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ A. ABHISHEK REDDY, J 23rd September, 2019 JSU

HCJ&AAR,J W.A.No.718 of 2019 High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY Writ Appeal No.718 of 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 23.09.2019 JSU