Allahabad High Court
Dr. Manju Sharma vs Dr. Devendra Singh Negi, Director ... on 18 August, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2900 of 2021
Applicant :- Dr. Manju Sharma
Opposite Party :- Dr. Devendra Singh Negi, Director General , Medical And Health Services
Counsel for Applicant :- Ashok Kumar Lal
Hon'ble Prakash Padia,J.
Applicant has preferred the present contempt petition for non compliance of the final judgment and order dated 12.01.2021 passed in Writ A No. 13239 of 2020 (Manju Sharma Vs. State of U.P. and 2 Others). The order is reproduced hereinbelow:-
"Heard Mr. Ashok Kumar Lal, learned counsel for petitioner and learned Standing counsel for the State respondent.
The present writ petition under Article 226 of the Constitution of India has been filed for direction to competent authority, to release the Leave Encasement amount of the petitioner along with compound interest and also the compound interest on the delayed payment of gratuity within the stipulated period of time.
It is submitted by learned counsel for petitioner that the representation has been filed by petitioner but no decision has been taken till date on the representation of the petitioner.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no. 2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of granting liberty to the petitioner to submit a detailed representation before respondent no. 2- Director General, Medical and Health Services, U.P. Lucknow, within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall decide the same by reasoned and speaking order, in accordance with law within a period of three months thereafter.
With the aforesaid observations, the writ petition is disposed of."
Today when the matter was taken up it is informed by Shri K. R. Singh, learned Additional Chief Standing Counsel for the opposite party that applicant has already been superannuated.
In the facts and circumstances of the case and without entering into the merits of the case, the present contempt petition is disposed of finally permitting the applicant to file a copy of the order passed by the Writ Court along-with detailed representation and copy of this order before the present Director General, Medical and Health Services, Swasthaya Bhawan, Lucknow Uttar Pradesh within a period of two weeks from today. If such representation is made, a present Director General, Medical and Health Services is directed to comply with the order passed by the Writ Court in its letter and spirit not later than two months.
Order Date :- 18.8.2021
Swati
