Allahabad High Court
Dinesh Kumar vs Nivedita Shukla Verma,Principal ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4831 of 2019
Applicant :- Dinesh Kumar
Opposite Party :- Nivedita Shukla Verma,Principal Secretary
Counsel for Applicant :- Braham Singh,Sushil Kumar Tewari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 31.05.2017 passed in Writ-A No.21122 of 2017 (Dinesh Kumar vs State of U.P. & Ors.). For ready reference the order dated 31.05.2017 is quoted as under:-
"The petitioner claims that he is working as Lower Division Clerk in the Office of Chief Medical Officer, Moradabad. It is stated that the State Government for effective implementation of the Drug and Cosmetic Rules, 1040 and Prevention of Food Adulteration Act, 1954 proposed for creation of separate department namely "Khadya Evam Aushadhi Prashasan Nideshalaya" and has also decided that the aforesaid new department would be segregated from the parent department i.e. Medical and Health Department. Some of the similarly situated Clerks working in the Khadya Evam Aushadhi Department have preferred a WP No. 48510 of 2016 in this Court wherein the following order was passed by this Court on 3.11.2016.
"Supplementary affidavit filed today is taken on record.
The grievance raised in the present writ petition is with regard to the claim of the petitioners for absorption as (Food and Drugs Clerk in the Food Safety and Drug Administration Department) in the newly created Department of Khadya Evam Aushadhi Prashasan Nideshalaya in terms of the Government order dated 17.04.2009 readwith Government order dated 04.12.2014. Categorical submission in the writ petition is that the decision is to be taken by the Principal Secretary, Food Safety and Drug Administration, Lucknow.
Learned Standing Counsel could not dispute this position.
In view thereof, the writ petition is being disposed of with the direction to the respondent no.1, namely Principal Secretary, Food Safety and Drug Administration, Lucknow to consider the grievances of the petitioners, in accordance with law, expeditiously preferably within a period of six weeks from the date of submission of certified copy of this order.
Disposed of."
Learned Standing Counsel has no objection in case the present writ petition is disposed of with the same terms as has been directed in the aforesaid order. Accordingly, the petitioner is granted liberty to make a representation before first respondent, who is directed to consider the grievance of the petitioner and pass appropriate orders in accordance with law within four months from the date of production of copy of this order before him.
The writ petition is disposed of with the aforesaid observations."
In the present case, the writ court order has been passed in the year 2017 and now after a long span of time, the petitioner/applicant has turned up in contempt proceeding with the prayer that the writ court order has not been complied with. The Court is not at all aware of the situation on the spot and as such, at this belated stage, no interference in contempt proceeding can be made.
Consequently, the Contempt Application is dismissed.
Order Date :- 1.8.2019
A. Pandey
