Dr.Mirza Qaiser Baig vs State Of ...
2019 Latest Caselaw 77 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 26029 of 2018
 
Petitioner :- Dr.Mirza Qaiser Baig
 
Respondent :- State Of U.P.Thru.Prin.Secy.Deptt.Of Medical Education &Ors.
 
Counsel for Petitioner :- Anupam Mehrotra
 
Counsel for Respondent :- C.S.C.,Sanjay Bhasin
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Anupam Mehrotra, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State-respondents and Sri Sanjay Bhasin, learned counsel for the opposite party No.2 i.e. the Director General, Medical Education & Training, U.P., Lucknow.

Sri Anupam Mehrotra, learned counsel for the petitioner has submitted that despite the interim order dated 12.09.2018 whereby this Court was pleased to direct that till the next date of listing no coercive measure shall be taken against the petitioner, the salary of the petitioner has not been paid with effect from August, 2018.

Sri Mehrotra has submitted with vehemence that if the salary is not paid to the petitioner despite the interim order dated 12.09.2018, whereby the direction for no coercive measure was issued, this is contemptuous action on the part of the State-respondents.

This Court also considers that if the salary to the petitioner is not being paid with effect from August, 2018 in the teeth of interim order dated 12.09.2018, the strict order may be passed on the next date inasmuch as this court may not permit any of the respondents to flout the direction of the Court.

It has been informed that no counter affidavit has been filed by the State-respondents till date except by the opposite party No.2 i.e. the Director General, Medical Education & Training, U.P., Lucknow.

In one hand the State-respondents has not filed any counter affidavit and on the other hand, they have stopped salary of the petitioner in the teeth of interim order dated 12.09.2018.

On the request of Sri Ran Vijay Singh, learned Additional Chief Standing Counsel, two weeks' further time and no more is granted to file the counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this petition in the week commencing 25.03.2019 as fresh.

Interim order, granted earlier, shall continue till the next date of listing.

It is also directed that if the salary of the petitioner has not been paid, as submitted by learned counsel for the petitioner despite the interim order dated 12.09.2018, the competent opposite party of the State Government shall explain the reasons as to why the salary to the petitioner has not been paid.

Order Date :- 25.2.2019

Suresh/

[Rajesh Singh Chauhan,J.]