- (1.) HEARD Sri Dhan Raj Mishra, learned Counsel for the petitioner and perused the records.
(2.) THROUGH the instant writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 17.1.2012 passed by the State Public Services Tribunal, Lucknow [hereinafter referred to as 'the Tribunal'], in Contempt Petition No. 339 of 2010, whereby the Tribunal rejected the applications for exemption and grant of more time for compliance of the Court's order.
(3.) BRIEF facts, giving rise to the instant writ petition, are that opposite party No. 1 -Mohammad Yaseen was appointed as Compounder in the Department of Ayurvedic and Unani in the year 1961 and was confirmed on the said post in the year 1963. While working as Compounder, the opposite party No. 1 -Mohd.Yaseen proceeded on casual leave w.e.f. 26.7.1976 to 31.7.1976 but subsequently, he fell ill and remained ill for about eight years, for which, he had sent leave applications, medical certificates through messengers as well as also through registered post regularly. After getting fitness certificate, opposite party No. 1 reported for duty on 23.8.1984 but he was not allowed to resume duties and as such, he approached the Tribunal by filing Claim Petition No. 161/II/1991, which was allowed vide judgment and order dated 23.9.1994. In compliance of the judgment and order dated 23.9.1994, opposite party No. 1 was allowed to resume duties and was given posting in Rajkiya Unani Chikitsalaya, Behta, Gokul, Hardoi but his pay was not fixed and as such, he preferred a representation, even then, no fruitful response was given to the opposite party No. 1. Being aggrieved by the inaction of the State authorities, the opposite party No. 1 preferred a contempt petition, bearing No. 450 of 1997, in which, on the direction of the Tribunal, the Director, Ayurvedic and Unani appeared before the Tribunal on 7.10.1998 and pointed out that the matter regarding period w.e.f. 26.7.1976 to 11.6.1995 has been referred to the Government. However, the Tribunal, vide order dated 7.10.1998, directed the Director to take decisions on the leave applications submitted by the opposite party No. 1 prior to his reporting in the office with medical fitness and the remaining period should be considered by the department according to the judgment of the Tribunal and further directed to correct his reference sent to the Government accordingly.;