MAMTA JAUHARI Vs. STATE OF U P

JUDGEMENT

(1.) D. S. Sinha, J. This Full Bench has been constituted not to resolve any con flict of the decisions, point or points of fact or law. Indeed, the Full Bench is called upon to decide on merits the writ petition of Km. Mamta Jauhari, an erstwhile tem porary employee of the State of Uttar Pradesh, serving as District Programme Officer (Women), wherein legality of the order dated 5th December, 1994, ter minating her services, is the subject-mat ter of challenge.

(2.) WRIT petition was presented before the concerned Division Bench on 28th March, 1995. Under the direction of the Bench requisite affidavits were filed by the parties. The petition was heard by the Bench on 3rd July, 1996 and the judgment was reserved.

(3.) THEIR Lordships constituting the Bench did not choose to state the point or points upon which they differed and la mented on the inability of the single judge in locating the "point" of difference in the two judgments as is apparent from their order dated 19th November, 1997 which reads thus: "the two judgments passed by this Court are salf-explanatory. Reasons exist to sustain the order of either of us and the conclusions reached in the respective judgments. That is why the mat ter had to go to third Judge and the Hon'ble the Chief Justice was graciously pleased to send it to the Hon'ble third Judge. It is a different matter that the learned Single Judge has been able to locate the point of difference in the two judg ments. None-the-less the questions raised in the writ petitions noted in the respective judgments are of vital importance and may have for reach ing consequences. Moreover, having once pronounced the judgment it does not appear in the fitness to the things to frame points of dif ference or interpret that judgment judiciously all over again to facilitate the hearing by a third Judge. Under the circumstances, it is respectful ly suggested that the entire writ petition may go before a Full Bench as early as possible. The papers be laid before the Hon'ble the Chief Justice to sand the writ petition before a Full Bench. It is respectfully suggested that Full Bench may be nominated at the earliest possible convenience by the Hon'ble the Chief Justice because only in the process of transmission of this record from this Court to single Judge and from Single Judge to this Court, it has consumed more than a year. Sd. /-Illegible 19-11-1997 Sd. /-Illegible. " (Emphasis supplied)