LAWS(PAT)-2005-1-71

MEENA KUMARI Vs. STATE OF BIHAR

Decided On January 27, 2005
MEENA KUMARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application has been filed for issuance of writ in the nature of certiorari for quashing the order dated 11th of December, 1987 (Annexure -1) whereby the appointment of the petitioner as Assistant Teacher has been cancelled and she has been discharged from the service.

(2.) SHORN of unnecessary details facts giving rise to the present application are that by order dated 27.2.1985 (Annexure - 3), petitioner was appointed as an Assistant Teacher and posted at Primary Harijan School, Rampur Rajwa in Hasanpur Block of the district of Samastipur. According to the order of appointment, the service of the petitioner was liable to be terminated without giving prior notice. By order dated 11th of December, 1987, her service was terminated. Aggrieved by the same, she preferred C.W.J.C. No. 3347 of 1992 (Smt. Meena Kumari V/s. The State of Bihar & ors.) before this Court. In the said writ application, counter affidavit was filed on behalf of respondent nos. 3 to 6 and in paragraph -7 thereof, it was said that the service of the petitioner was terminated on the ground that her name did not find place in the approved panel. The document in support thereof, was filed as Annexure -A to the said counter affidavit. Said writ application was heard by a Division Bench of this court and by judgment dated 4th of December, 1992, same was dismissed. While dismissing the writ application, this Court took into account the submission made by the petitioner and respondents. Relevant portion thereof reads as follows:

(3.) AGAINST the aforesaid order, petitioner preferred Special Leave to Appeal (Civil) No. 6289 of 1994 and the Supreme Court, by order dated 15.4.1994 (Annexure - 7), dismissed the said Special Leave Petition.