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2026 DAILYLAW 6187 (ALL)

DR HARSHVARDHAN SHARMA v. DR NARAYAN DAS

CAPL/4173/2026 · 2026-09-07

Vikas Budhwar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 4173 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 26.11.2025 passed in Writ-A No. 17841 of 2025, order whereof is quoted hereinunder.- "1. Heard Sri Jitdendra Kumar Shukla, learned counsel for the petitioner and Sri Vishal Singh, learned Standing Counsel, who appears for State- respondents. 2. The case of the writ petitioner is that he was appointed on the post of Medical Officer in erstwhile Uttranchal which was the part of State of Uttar Pradesh and post re-organization, he opted for Uttar Pradesh and during the period from 18.01.2009 to 13.05.2009 when he was attached, he was not accorded any salary for the said period on the ground that the writ petitioner has not worked. Conversely, the claim of the writ petitioner is that he had already worked and he is entitled to salary. 3. Prayer in the present petition is for a direction to the respondents to consider the claim. 4. Learned Standing Counsel submits that the claim of the writ petitioner needs adjudication at the first instance by the second respondent, Director of Ayurveda Department, Government of U.P. at Lucknow. 5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the self- attested copy of the writ petition before the second respondent, who shall on the receipt of the same by 12.12.2025, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order. In case the second respondent is of the opinion that the matter is to be decided by some other authorities then the papers shall be transmitted to the same. 7. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. Versus Counsel for Applicant(s) : Jitdendra Kumar Shukla Counsel for Opposite Party(s) : Dr Harshvardhan Sharma .....Applicant(s) Dr Narayan Das .....Opposite Party(s) 8. With the aforesaid observation, the writ petition is disposed off." 2. Today, instructions have been produced annexing therewith the order dated 03.09.2026 deciding the representation. A copy of the same be served upon the learned counsel for the applicant. 3. Since there has been substantial compliance, the present contempt application is consigned to record leaving it open to the applicant to question the same before appropriate proceedings. 4. Instructions filed today are taken on record and marked as Appendix 'C'. September 8, 2026 Rajesh CAPL No. 4173 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad