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2025 DAILYLAW 121005 (ALL)

PRAMOD YADAV v. DR. RAJESH HARSHVARDHAN,NODAL OFFICER ABPMJAY S.G.P.G.I. OF MEDICAL SCIENCE, LKO AND ANOTHER

CAPL/316/2025 · 2025-02-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7339 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 316 of 2025 Applicant :- Pramod Yadav Opposite Party :- Dr. Rajesh Harshvardhan,Nodal Officer Abpmjay S.G.P.G.I. Of Medical Science, Lko And Another Counsel for Applicant :- Vikas Yadav,Shivam Srivastava,Subhash Pandey Hon'ble Manish Kumar,J. Heard. The present contempt application has been preferred for alleged non compliance of the interim order dated 02.11.2023 passed by this Court in Writ A No. 8528 of 2024. The relevant extract of the same is being reproduced hereinbelow:- "Learned counsel for the petitioners states that this Court is already seized of a similar controversy in Writ A No. 6678 of 2023 in re: Sanjay Kumar Chaurasiya and others vs State of U.P. and others and prays that the benefit of the interim order dated 04.10.2023 passed in the aforesaid petition, a copy of which is annexure 9 to the petition, may also be extended to the petitioners. Considering the aforesaid, it is provided that the petitioners shall also be entitled for the benefit of the interim order dated 04.10.2023 passed by this Court in the case of Sanjay Kumar Chaurasiya (supra). Learned Standing Counsel prays for and is granted four weeks' time to file a counter affidavit to which rejoinder affidavit may be filed within next two weeks. List thereafter alongwith Writ A No. 6678 of 2023 in re: Sanjay Kumar Chaurasiya and others vs State of U.P. and other" Learned counsel for the applicant has submitted that the interim order dated 02.11.2023 was received in the office of respondent no. 1 and after that the order dated 20.03.2024 was issued directing the applicant to give his joining through M/s Righter Business Services Private Limited which is a wilful disobedience of the interim order passed by the Writ Court as by the said interim order dated 02.11.2023, the benefit of the interim order dated 04.10.2023 passed in the case of Sanjay Kumar Chaurasiya and 36 others Vs. State of U.P. and others (Writ A No. 6678 of 2023) was extended. The relevant excerpts of the said judgment is being reproduced hereinbelow:- "3. In pursuance of said directions, learned State Counsel has been provided instructions dated 29.09.2023, which are taken on record. As per instructions, it is admitted that the petitioners are currently working on contract basis with the department. The written instructions issued by the Chief Medical Officer, Sultanpur indicate that services of petitioners are not being dispensed with nor is any other person being appointed on their place by outsourcing. 4. In view of the aforesaid, the opposite parties are granted four weeks' time to file their counter affidavits. 5. Until further orders of this Court, it is provided that the petitioners' services on the basis of their existing contract shall not be interfered with in any manner till the subsistence of their contract." On being asked from the learned counsel for the applicant that as to when the Contract of the applicant services would come to an end, initially he has replied that no time limit is prescribed in the contract of the applicant then the Court has asked to show the contract, he said that the same is not filed by changing his submission that applicant was not on the contractual employment so it is not made out either from the pleadings or from the submissions made by the learned counsel for the applicant that on 20.03.2024 whether the contract of the applicant services was subsisting or not or he was employed on contractual basis at all. In view of the facts and circumstances of the present case, learned counsel for the applicant is failed to establish any wilful disobedience on the part of the respondent, thus, no contempt is made out hence, contempt application is hereby dismissed. Order Date :- 5.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench