Smt. M. Sumalatha vs The State Of Telangana,
2022 Latest Caselaw 281 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



              WRIT APPEAL No.480 of 2019
                         AND
             WRIT PETITION No.41633 of 2018

COMMON JUDGMENT:       (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     W.A.No.480 of 2019 is arising out of an order dated

11.03.2019    passed      by      the      learned         Single        Judge      in

W.P.No.4849 of 2019.

     The facts of the case reveal that the appellant before

this Court, pursuant to a Notification issued by the

respondent-State, applied for the post of Pharmacist and

undisputedly, even though she was more meritorious, no

appointment order was issued in her favour. She was placed

at Serial No.42 of the merit list and no appointment order was

issued to her and one Smt. S.Vandana, whose name was not

even mentioned in the second merit list, was appointed. The

facts further reveal that W.P.No.4849 of 2019 was dismissed

by the learned Single Judge, as another writ petition filed by

the appellant i.e., W.P.No.41633 of 2018, was pending.

Learned Government Advocate, who is present before

this Court, is fair enough in stating that the appellant was

certainly more meritorious candidate and during the

pendency of the present writ appeal, an appointment order

dated 05.12.2021 has already been issued in her favour.

In the light of the aforesaid submission, as more

meritorious candidate has been appointed by the State

Government for the post of Pharmacist and the State

Government has not disputed the factum that the appellant

was more meritorious, the present writ appeal stands allowed

and the order passed by the learned Single Judge in

W.P.No.4849 of 2019 is set aside and the appellant shall be

entitled for all the benefits flowing out of the order of

appointment dated 05.12.2021.

In the light of the order passed in W.A.No.480 of 2019,

W.P.No.41633 of 2018 also stands allowed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

27.01.2022 vs