JHAMANIA Vs. CHIEF ACCOUNTS EXAMINATION OFFICER COOPERATIVE

JUDGEMENT

(1.) Heard learned Counsel for the appellant and the learned Standing Counsel for the respondent Nos. and 2.

(2.) The appellant filed the writ petition giving rise to the present controversy, being Writ Petition No.3634 of 1991, and the writ petition was entertained and the appellant was also favoured with an interim order as a consequence whereof she continued in service and has received salary as a class-IV employee/Peon.

(3.) The appellant has stated in her Affidavit that she is now 59 years of age and is at the verge of attaining superannuation and that she was not informed about the dismissal of the writ petition in default. Not only this even the respondents did not take any action which may have resulted in any information to the appellant, inasmuch as, she continued to be in service and was receiving salary month by month. It is only when she was restrained from signing on the Attendance Register on 15.9.2014 that she came to know of the dismissal of the said writ petition in default. Thereafter, she contacted another counsel, who filed the restoration application before the learned single Judge for setting aside the ex-parte order dated 15.4.2009.