Dr. Pradeep Kumar Alias Pradeep Kumar Singh v. Smt. Leena Jauhari, Prin. Secy. (Medical Education), Ayush Anubhag-1, Lko. and Another

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1725 of 2023 Applicant :- Dr. Pradeep Kumar Alias Pradeep Kumar Singh Opposite Party :- Smt. Leena Jauhari, Prin. Secy. (Medical Education), Ayush Anubhag-1, Lko. And Another Counsel for Applicant :- Rajesh Kumar,Km. Vishwa Mohini,Mohammad Tauseef Siddiqui,Vimal Kumar Hon'ble Rajesh Singh Chauhan,J.

¶1Heard Km. Vishwa Mohini, learned counsel for the petitioner and Sri Mohit Jauhari, learned Standing Counsel.

¶2Sri Mohit Jauhari has filed affidavit of compliance, the same is taken on record.

¶3Attention has been drawn towards Annexure No.C-1 of the affidavit of compliance, which is an order dated 08.12.2023 passed by the Principal Secretary, Ayush Department wherein it has been indicated that adhoc services of the petitioner shall be counted for providing him pension and other service benefits thereby he shall be provided all consequential benefits. In the aforesaid order, a specific rider has been imposed to the effect that compliance of the order of the writ court shall remain subject to final outcome of the pending defective special appeal, which has been filed in the month of December, 2023.

¶4Km. Vishwa Mohini, learned counsel for the petitioner has stated that though the order has been passed on 08.12.2023 but the actual benefit thereof has not been provided to the petitioner inasmuch as the dues have not been credited in the account of he petitioner till date.

¶5Be that as it may, when the competent authority has passed the order dated 08.12.2023 providing the benefits in terms of the order of the writ court, as considered above, subject to the final outcome of the pending defective special appeal, then the actual benefit of the order, more particularly the consequential dues should be credited in the account of the petitioner with expedition, preferably within a period of six weeks from today, failing which liberty is given to the petitioner to file an application for revival of the present contempt petition and if such application is filed and the contempt petition is revived, any appropriate coercive order may be passed against the authority on the next date.

¶6Accordingly, the present contempt petition is dismissed.

¶7Notices are discharged. [Rajesh Singh Chauhan,J.] Order Date :- 20.12.2023 RBS/- High Court of Judicature at Allahabad, Lucknow Bench