- (1.) Heard learned counsel for the petitioner and learned Standing Counsel.
(2.) The present writ petition has been filed by the petitioner seeking promotion on the post of Professor in Surgery Department of Moti Lal Nehru Medical College, Allahabad. The contention of the petitioner is that when other similarly situated doctors, namely, Dr. D.C. Srivastava, Dr. Mayank Srivastava, Dr. V.K. Pandey and Dr. Alok Chandra have been promoted on the post of Associate Professor in the year 2009. Aggrieved with the discrimination with other doctors, petitioner had filed Writ Petition No. 65598 of 2010 before this Court, which has been disposed of vide order dated 07.02.2013 with the following observations:- "Heard learned counsel for the petitioner and the learned standing counsel. The petitioner who was earlier belonging to Provincial Medical and Health Services, has resumed duties in Moti Lal Nehru Medical College, Allahabad on 10.5.1999. According to petitioner's counsel similarly situated persons who resumed duty in Moti Lal Nehru Medical College, Allahabad, subsequent to petitioner, have been absorbed and have been promoted to higher post but the petitioner's case has not been considered. By an interim order, this Court directed to decide the matter of the petitioner, which seems to have not been decided. We dispose of the writ petition finally directing the Principal Secretary, Medical Education, Government of U.P., to look into the matter and decide petitioner's representations dated 27.2.2009, 12.7.2009 and 31.3.2010 collectively filed as Annexure No.8, 9 and 10 to the writ petition, in accordance with law by passing a speaking and reasoned order expeditiously say, within two months from the date of receipt of a certified copy of this order and communicate decision. It shall be open to the petitioner to submit fresh representation along with the certified copy of the present order. The writ petition is finally disposed of."
(3.) Inspite of the order passed by this Hon'ble Court dated 07.02.213, as mentioned above, no decision has been taken by the answering respondent. Thereafter the petitioner was compelled to file a Civil Misc. Contempt Petition No. 2121 of 2013. The Hon'ble Contempt Court vide its order dated 04.07.2013 has passed the following order:- "Heard learned counsel for the parties. This contempt petition has been filed with the allegation that despite the order dated 7.2.2013 passed in Writ Petition No. 65598 of 2010 the opposite party has neither considered the absorption of the applicant in the Medical College nor his subsequent promotion. Upon notice, learned Standing counsel has produced an order passed by the opposite party stating that a decision has been taken for absorption of the applicant and he seeks time to bring it on record through an affidavit. Let that be done. However, a perusal of the said order does not show that the promotion of the applicant was considered, let this aspect be also considered. Counsel for the applicant may file a reply, if any. List in the next cause list. ";