Dr Alok Nath Tripathi vs Prashant Trivedi ,Secretary And ...
2023 Latest Caselaw 14205 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2640 of 2022
 

 
Applicant :- Dr Alok Nath Tripathi
 
Opposite Party :- Prashant Trivedi ,Secretary And Another
 
Counsel for Applicant :- Ashok Nath Tripathi
 

 
Hon'ble Rohit Ranjan Agarwal,J.

The writ Court on 14.10.2020 in Writ-A No. 8574 of 2020 has passed the following order;

"Heard learned counsel for the parties.

The contention advanced on behalf of the petitioner is that the controversy involved in the present writ petition stands squarely covered by the judgments of this Court passed in Writ A No. 14824 of 2019 Dr. Rajiv Nandan Rai v. State of U.P. and 3 others and Writ A No. 3686 of 2020 Dr. Satyendra Pratap Singh v. State of U.P. and Others.

It is submitted by learned counsel for the petitioner that though the petitioner is a retired medical officer in Ayurved, his representation for regularization still can be considered in the light of the aforesaid judgment.

In this regard, he has already filed his representation before the competent authority on past several occasions and the last being one of 10.12.2019 but till date no action has been taken.

Learned Standing Counsel does not have any objection if direction is issued for consideration of representation of the petitioner dated 10.12.2019 in the light of the aforesaid judgments (supra).

In view of above, without adjudicating the matter of claim as set forthwith in writ petition, writ petition is disposed of with direction to respondent nos. 1 and 2 to consider the claim of regularization as has been set up by the petitioner in his representation dated 10.12.2019 within period of three months from the date of production of copy of this order. Needless to say that the competent authority shall pass reasoned and speaking order.

Copy of this order available on the official website of the High Court shall be treated as genuine one. Petitioner shall file certified copy of this order as and when issued."

Complying the order of writ Court the authority concerned on 15.07.2021 passed the order deciding the representation of the applicant, copy of which has been brought on record as annexure No. 1 to the affidavit of compliance.

In view of the said fact as the order of writ Court has been complied by the opposite party, contempt application stands dismissed.

Contempt notice stands discharged.

File consign to record.

However, leaving it open to the applicant to challenge the order passed by the opposite party before the appropriate forum, if so advised.

Order Date :- 5.5.2023

Shekhar