BIHAR ELECTRICITY BOARD Vs. SHAKUNTLA DEVI
LAWS(JHAR)-2002-8-34
HIGH COURT OF JHARKHAND
Decided on August 08,2002

BIHAR ELECTRICITY BOARD Appellant
VERSUS
SHAKUNTLA DEVI Respondents

JUDGEMENT

TAPAN SEN, J. - (1.) SMT . Shakuntala Devi (hereinafter referred to for the sake of brevity as the respondent No. 1) filed a writ petition bearing C.W.J.C. No. 553 of 1995(R) wherein she made a prayer inter alia for quashing letter No. 4780, dated 19 -8 -1991 issued by the Secretary -cum -Deputy Director of Personnel, Patratu Thermal Power Station Patratu (PTPS) in the capacity of the ex -officio Secretary of the PTPS, Hesla Middle School, Jamta Nagar Patratu run by the BSEB at Patratu and also the notice dated 20 -8 -1991 issued by the Head Master -in -charge of the said School whereby and where under a general order was passed by which the services of all teachers working in all schools including the school of the respondent No. 1 were terminated and they were prevented from discharging their duties.
(2.) THE case of the respondent No. 1 before the writ Court was that she was working in Arvind Middle School, PTPS with effect from 3 -5 -1990 as an Honorary Teacher and in support thereof, she relied upon Annexures 1 and 1/1.
(3.) THE respondent No. 1 stated before the writ Court at paragraph 5 of the writ application, that, some of the teachers of the schools in question had filed C.W.J.C. 1049 of 1991(R) seeking regularisation of their services and parity in pay scales and this respondent No. 1, however, was waiting for the result of that writ application. On 8 -5 -1991, the aforementioned writ petition C.W.J.C. No. 1049 of 1991(R) was placed before a Division Bench and upon prayer made by the counsel for the respondents therein, the matter was ordered to be placed after the vacation and till further orders status -quo as existing on that date was ordered to be maintained. Subsequently, by order dated 16 -8 -1991 the aforementioned writ petition was dismissed for default as a result whereof, pursuant to an application for restoration, the case was restored to its original file. After restoration, when the case was taken up, it was pointed out that the Board/respondents of that writ petition, taking advantage of the dismissal of the case, terminated the services of the teachers by order dated 19 -8 -1991 and 20 -8 -1991. Consequently, they filed writ petition being C.W.J.C. 1861 of 1991(R) praying for quashing of the aforementioned two orders. In the meantime, a contempt application bearing M.J.C. No. 195 of 1991(R) was also filed for initiating contempt proceeding against the respondent/opposite parties for not allowing the petitioners to work pursuant to the orders of status -quo passed in C.W.J.C. No. 1049 of 1991(R).;


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