DR. MAHESH CHANDRA SHARMA Vs. SECTY. MEDICAL HEALTH AND ORS.
LAWS(ALL)-2011-4-541
HIGH COURT OF ALLAHABAD
Decided on April 21,2011

Dr. Mahesh Chandra Sharma Appellant
VERSUS
Secty. Medical Health And Ors. Respondents

JUDGEMENT

- (1.) SHRI Anurag Yadav, holding brief of Shri Mahendra Pratap states that as the Petitioner has retired, the writ petition has become infructuous. He prays that the writ petition be dismissed as infructuous.
(2.) IN this writ petition, the Petitioner has challenged the orders of his repatriation to his parent department. On 23.10.2000, following order was passed by this Court: Sri Shankar Singh, Standing Counsel, representing the Respondents, prays for and is granted four weeks' time to file counter affidavit. List after six weeks Rejoinder affidavit may be filed by the next date of listing. In the meantime, having regard to the submission that the order impugned herein regarding change of cadre, it is provided, as an interim measure that the effect and operation of the impugned orders dated 4.7.2000 and 4.9.2000 shall remain stayed till the next hearing of the case and the Petitioner shall be allowed to work in case no one else has been posted in his place. A counter affidavit of Shri Sheo Janam Chaudhary, Under Secretary in the Department of Medical Education, U.P., Civil Secretariat, Lucknow, was filed on 16.1.2001. Thereafter the counter affidavit of Shri Preetam Singh, Principal Secretary, Medical Education, UP Civil Secretariat, Lucknow, was filed on 22.8.2001 to the application under Article 215 of the Constitution of India for punishing him for contempt. Rejoinder affidavits were not filed.
(3.) ON 19.7.2002, the Court passed the following order. The order is quoted as below: Heard learned counsel for the Petitioner and perused the C. Misc. Application No. 45700 of 2001. The Respondents are directed to pay salary admissible to the Petitioner in the scale of Rs. 16400 -20000 or show cause by filing counter affidavit within a period of four weeks. Hon. S.R. Singh, J. Hon. D.R. Chaudhary, J.;


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