The High Court of Jharkhand disposed of a review petition seeking to quash an earlier order that had directed a college Principal to pay costs to a teacher who had been forced into medical leave. The court held the review was unwarranted as the primary issue had already been resolved.
Short application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Jharkhand at Ranchi
Civil.Rev. No. 104 of 2011
Principal, Mahendra Prasad Inter Mahila Mahavidyalay.....Petitioner
V E R S U S
Rupam Sinha and others..................................... ........Respondents
CORAM: HON’BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : Mr.Deepak Kumar Dubey For the State : J.C to Sr.S.C.I For the Respondent no.1:M/s. Dr.S.K.Pandey, Kumari Abhilasha For the J.A.C :Mrs. Ruby Parween
4/ 14.9.12. The writ petitioner was on medical leave. After getting fit to resume
her duty, the writ petitioner reported to the Principal of the College on 14.8.2008 but she was not allowed to resume her duty, rather the Principal forced the petitioner to go for medical leave for six months.
Being aggrieved with that order, writ petitioner filed W.P.(S) No.1314 of 2009.
After hearing learned counsel appearing for the petitioner and learned
counsel appearing for the respondents 1 to 3, following order was passed:
“Accordingly this writ application is allowed with a cost of Rs.5000/- which will be paid by the Principal of the College to the petitioner within a period of 15 days from the date of receipt of a copy of the order of this Court. If the amount is not paid, the Management of Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi will deduct the aforesaid amount from the salary of the Principal and the same be paid by the Management to the petitioner within a period of two months upon failure of payment of cost by the Principal of the College.”
Now this review petition has been filed wherein it has been stated that
the petitioner, who is a teacher in the Department of Physics cannot be allowed to joint the post as the science faculty does not have any affiliation either with the Jharkhand Academic Council or with Human Resource Department.
Under that situation, a prayer was made to review the order dated 19.10.2011 passed in the writ application.
As I have indicated above, the matter relating to the writ application never concerns with the joining of the petitioner in the Department of Physics, rather it was concerned with the matter where the petitioner was forced to go for
medical leave for six months which order was quashed .
Under the situation, the order dated 19.10.2011 passed in the writ
application never warrants tobe reviewed.
Accordingly, this review application stands disposed of.
(R.R.Prasad, J.)
ND/
1 issue framed by the court
Whether the review application against the order quashing the direction to force medical leave and award costs warrants to be reviewed.
Principal, Mahendra Prasad Inter Mahila Mahavidyalay
Rupam Sinha
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
