This revision is another example how by issuing injunction by way of charity injustice is caused.

2. The opposite party herein was initially appointed as a teacher in a Primary School against a suspension vacancy of one Bonomali Sen. That person was reinstated in service and on his reinstatement the service of the opposite party was terminated but to give benefit to her, in the meantime against the vacancy another teacher who retired, she was allowed to continue in that post till the post is filled up on regular basis or until further order. Thereafter on 9.1.89 the service of the opposite party was terminated by the Deputy Inspector of Schools by cancelling the earlier order of appointment dated 28.6.88,'From the written statement filed later on it appears that the order dated 28.6.88 was obtained by the opposite party by threatening the Deputy Inspector of Schools along with some other miscreants. The written statement shows that the service of the petitioner was terminated even before filing of the suit. The suit was filed with the following prayers :

(i) Declaring that the order dated 9.1.89 issued by the defendant No.3 is ultra-vires and inoperative.

(ii) Declaring that the plain

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