JUDGMENT :

1. With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

2. The instant appeal is listed under the heading for 'Admission' and with the consent of learned counsel for the parties, and the same is being disposed of at this stage itself.

3. This intra-court appeal is preferred against the order/judgment dated 17.10.2019 passed by learned Single Judge in W.P. (S) No. 6027 of 2016, whereby and whereunder the writ petition was dismissed declining to interfere with Order No. 707 dated 11.06.2011 passed by respondent no. 3 - District Superintendent of Education-cum-District Programme Officer, Jharkhand Education Project, Sahibganj, by which, the writ petitioner was terminated from services.

4. The brief facts of the case, which are required to be enumerated herein for proper adjudication of the lis, are as under:

The writ petitioner was appointed as 'Rasoiya' (Cook) on 27.10.2005 at Kasturba Gandhi Residential Girls' School, Taljhari on contract basis on an honorarium of Rs. 4000/- per month initially for a period of one year, however, the aforesaid contract was renewed from time to time and finally on 09.12.2010, she was again entrusted with the work of 'Rasoiya' in the same school on an honorarium of Rs. 4450/- per month.

While working as such, the writ petitioner submitted an application for leave before respondent no. 3 seeking leave from 19.05.2010 to 22.05.2010 on medical ground and again sought leave from 23.05.2010 to 25.05.2010 for some personal reason.

The competent authority vide letter no. 649 dated 29.05.2010 sought for an explanation from the petitioner on the following charges:

(a).The petitioner has committed misbehavior with that of the warden-cum-Teacher, Anita Kumari;

(b).The petitioner has used unparliamentarily language with the then District Superintendent of Education.

(c).Unauthorized absence of the petitioner from 19.05.2010 to 28.05.2010, resulting into mismanagement of the day to day affairs of the school;

In response thereto, the writ petitioner submitted reply to the show cause, which was accepted and she was directed to resume her duties, but in the meantime since she fell ill and was advised to take bed rest, she made a request for leave from 26.08.2010 to 25.09.2010 and again sought leave from 26.06.2011 to 28.07.2011.

In the meantime, the respondent-authority terminated the contract of the writ petitioner vide order dated 11.06.2011 on the ground that she remained absent unauthorizedly from 19.05.2010. Thereafter, the writ petitioner submitted application before the competent authority to allow her to join duty, but having not been allowed, she approached this Court by filing writ petition, being W.P. (S) No. 4136 of 2015, which was dismissed vide order dated 26.09.2016.

The writ petitioner again filed writ petition being W.P. (S) No. 6027 of 2016, in which, order of termination dated 11.06.2011 was challenged but the writ petition was dismissed on the ground of delay and applicability of principles of res judicata, which is the subject matter of present intra-court appeal.

5. Learned counsel for the writ petitioner-appellant has submitted that the learned Single Judge had not travelled into the merit of the case rather on technicality the writ petition was dismissed, hence the same is not sustainable in the eye of law.

6. Mr. Kaushik Sarkhel, learned G.A. V appearing for the respondents-State and Mr. Krishna Murari, assisted by Mr. Raj Vardhan, learned counsel appearing for respondent no. 3 have jointly submitted that there was no occasion for the learned Single Judge to travel into the merit of the case as when there was delay in filing the writ petition that is after five years from the date of passing of order of termiantion and further since the learned Single Judge found the applicability of principle of constructive res judicata, therefore, the learned Single Judge thought it proper not to go