BINITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed for review of the judgment and order dated 18.6.2014 passed by Hon'ble Mr. Justice Navin Sinha (as his Lordship then was) in CWJC No.23465 of 2011 (Mithila Kumari vs. The State of Bihar) , whereby the writ petition was disposed of with a direction to the Principal Secretary, Department of Education to enquire into the matter and pass appropriate orders in accordance with law within a period of 2 months of the receipt/production of a copy of the order and until such time status-quo was directed to be maintained between the parties.

(2.) Some uncontested facts leading to the Review Petition is that following a selection process initiated in which the review petitioner as well as the opposite party-writ petitioner herein participated, the review petitioner was appointed as Panchayat Teacher on 30.11.2006. Her services was terminated ex-parte on 3.4.2007. CWJC No.9219 of 2007 was filed by the review petitioner questioning her termination and during the pendency of the writ petition she was reinstated on 30.10.2007 but the fact was not disclosed to the Bench and as a consequence CWJC No.9219 of 2007 was allowed by the writ Court vide judgment and order passed on 19.2008.

(3.) On the other hand, following the termination of the review petitioner that the opposite party- writ petitioner was appointed on 4.4.2007. She joined her post on 5.4.2007. The opposite party- writ petitioner fell ill and took leave but after recouping from illness when she went to join the post, she was not allowed to join which led to filing of CWJC No.2040 of 2008. A coordinate Bench of this Court taking note of the fact that although the writ petition so filed by the private opposite party herein had remained pending since 24.1.2008 and yet until 25.2009 no counter affidavit was filed, allowed the writ petition and directed the private opposite party herein to assume her duties vide judgment and order dated 25.2009.