JAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel.

(3.) The appellant herein, is Smt. Jaya Devi. It appears that her services as Assistant Teacher were terminated by the Directorate of Education, Bihar on February 19, 1990. She moved the High Court of Patna in Writ Petition being C. W. J. C. No. 1397 of 1990 which was allowed by S. N. Jha, J. sitting singly on November 28, 1991. It was deduced that the Government directions to terminate services of Assistant Teachers were not meant to apply to the case of the appellant. She was thus put back to service. The 7th respondent herein, Shri Shyama Kant Jha approached the High Court in Writ Petition being C. W. J. C. No. 13173 of 1993 seeking similar relief as of the present appellant arraying the appellant as the 7th respondent therein, possibly for support of his case. It came up for hearing before the same learned single Judge. The learned single Judge thought that he had wrongly granted relief to the appellant. He dismissed the writ petition of Shri Shyama Kant Jha and withdrew the relief granted to the appellant by specifically owning that his earlier order in the case of the appellant was not correct. Since the appellant had been reinstated pursuant to the orders of the learned single Judge, he went on to correct the detected mistake by ordering that her appointment be cancelled as no further opportunity to her was necessary as she had been heard by him in the matter laid before him. For the period she had actually worked, the State was precluded by the learned single Judge from recovering salary and allowances already paid to her. This order is under challenge in this appeal.