BIPIN CHANDRA BAIDYA Vs. STATE OF BIHAR
LAWS(SC)-2002-4-89
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on April 08,2002

BIPIN KUMAR BAIDYA Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.)Leave granted.
(2.)The appellant herein was appointed as a clerk in the education department in the state of Bihar. The services of the appellant as well as similarly situated 12 other clerks were terminated by a composite order dated 14/5/1997. The other clerks whose services were terminated filed writ petition before the patna High Court challenging the order of termination. The said writ petition was numbered as CWJC no. 6183/97. The appellant also challenged the composite order dated 14/5/1997 terminating his services. CWJC no. 6183/97 came up for hearing and was allowed by the High Court. The composite order dated 14/5/1997 terminating the services of 13 clerks was set aside.
(3.)After the decision in CWJC no. 6183/97 by the High Court, the appellant contacted the district education officer, Bhagalpur that he may also be reinstated in view of the judgment rendered in CWJC no. 6183/97. The district education officer, Bhagalpur, represented to the appellant that in case he withdraws his writ petition, he will also be reinstated. In that view of the matter, when the appellant's writ petition came up for hearing, a statement was made by the counsel for the appellant that since he has already obtained relief in CWJC no. 6183/97, his grievance is redressed and, therefore, the writ petition was not pressed. The high Court after noting the statement made by learned counsel for the appellant dismissed the writ petition filed by the appellant as not pressed.


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