1. On earlier occasion i.e. on 203.2012, on the basis of the submission made by learned AGP below mentioned order was passed:-
The learned AGP has informed that order dated 17th March 2012 has been passed by the Commissioner (Health) and consequential order will now be passed by the competent authority within period of two weeks.
The learned AGP is directed to place copy of the said order on affidavit. A copy has been given to learned Advocate for petitioner. In view of the joint request for time so that the competent authority may pass consequential order, S.O. to 20th April 2012.
2. Today also learned AGP has not placed on record the consequential order which was to be passed by the Competent Authority pursuant to the order dated 17.3.2012 passed by the Commissioner (Health). On the ground that the Commissioner (Health) is on leave adjournment is requested for. The request made by learned AGP is unjustified, in view of the statement made on 20.3.2012 which is recorded in the above mentioned order.
3. Since substantial dispute and grievance of the petitioner are already resolved after order dated 17.3.2012 it is considered appropriate to dispose of present petition at this stage in light of the order dated 17.3.2012 with further direction that consequential order which is required to be passed by the Competent Authority shall be passed by the Competent Authority on or before 27.4.2012.If such order is not passed by the Competent Authority then it will be open to the petitioner to request the Court to revive present petition. If the petitioner is compelled to make request on account of failure in passing appropriate order within above mentioned time limit, then appropriate order of cost and / or other order which may be considered appropriate may be passed against the Competent Authority.
With the aforesaid clarification the petition stands disposed of accordingly.
(K.M.THAKER,J.) Suresh* Top