Affidavit of compliance filed on behalf of the opposite party is taken on record.
This petition has been filed for willful disobedience of the order dated 05.11.2015 passed in writ petition No.3043 of (S/S) 2012. The order dated 05.11.2015 reads as under:
"Heard Mr. Sandeep Sharma, learned counsel holding brief of Mr. I.H. Farooqui, learned counsel for petitioner as well as learned standing counsel.
The writ petition has been filed commanding the respondents to appoint the petitioner as X-Ray Technician and pay salary on the said post w.e.f. 28.6.2011.
Learned counsel for petitioner submits that the controversy involved in the instant writ petition has been set at rest in the Mankeshwar Sharma Vs. State of U.P. & Ors. (Civil Misc. Writ Petition No. 13087 of 2007) wherein the Court vide judgment and order dated 20.10.2008 has allowed the writ petition with direction to respondents to appoint the petitioner of that writ petition on the post of X-Ray Technician and also pay salary. Relying on the said judgment, similar matters have been decided in terms of the said judgment by this Court. Similar orders in the case of Raj Kumar Gupta Vs. State of U.P. and others (Writ Petition No. 5367 (SS) of 2011) and Bhikhari Singh Parihar & Another Vs. State of U.P. and Others (Writ Petition No. 2846 (SS) of 2012) are annexed as Annexure A-1 to the affidavit filed in support of application for disposal of writ petition.
Mr. Sandeep Sharma, learned counsel appearing on behalf of petitioner, makes a statement at the Bar that the orders passed in the aforesaid writ petitions have been complied and petitioners of that writ petitions have been appointed on the post of X-Ray Technician and they are getting salary.
Learned standing counsel does not dispute the aforesaid facts.
In view of above, the writ petition is allowed in terms of the order dated 29.5.2014 passed in Writ Petition No. 5367 (SS) of 2011 with direction to respondent to consider the petitioner's claim within six weeks from today in the light of the judgment and order dated 20.10.2008 passed in Civil Misc. Writ Petition No. 13087 of 2007 (supra)."
Learned Standing counsel has submitted in compliance to the order dated 05.11.2015, the petitioner has been appointed on the post of x-ray technician by order dated 26.07.2016. Thus, the compliance of the order has been made and the petition has become infructuous.
The contempt petition is dismissed being infructuous.
Order Date :- 27.7.2016 VNP/-