1. The petitioner's Writ Petition No.17370 (S/S) of 2019 was finally disposed of by the writ-Court vide judgment and order dated 17.06.2019 as under:-
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By way of the instant petition, the petitioner has sought for a direction to issue a writ, order or direction in the nature of mandamus commanding the respondent no.3, Basic Siksha Adhikari, Lakhimpur Khiri, for giving medical reimbursement to him.
Urge made on behalf of the petitioner is confined to the extent that the petitioner was appointed as assistant teacher in the primary school, Pipri Aziz Block Pasgawan, District Lakhimpur Khiri on the pay scale of Rs.9300-34800, Grade Pay 4200, as such he is teaching. The petitioner had earlier filed writ petition namely Service Single No.20059 of 2018 before this Court wherein some order was passed by a coordinate Bench of this Court disposing of the matter on 16.07.2018. Thereafter, though the petitioner presented his medical bills before the respondent no.3, Basic Siksha Adhikari, Lakhimpur Khiri, vide application dated 23.05.2019 (annexure no.1 to the writ petition) but the same has been kept pending.
Learned Standing Counsel for the respondent nos.2 and 3 has contended by categorically denying any claim admissible to the petitioner under the Rules.
At this stage, learned counsel for the petitioner has submitted that respondent no.3 being Basic Siksha Adhikari, Lakhimpur Khiri, is required to pass appropriate speaking order on the application of the petitioner moved by him on 23.05.2019, for no worthy reason, the same has been kept pending.
After considering the rival submissions and perusing the various contents of the instant petition, obviously the application has been moved by the petitioner before the respondent no.3, Basic Siksha Adhikari, Lakhimpur Khiri, on 23.05.2019. It is up to the respondent no.3, Basic Siksha Adhikari, Lakhimpur Khiri, to pass appropriate orders in accordance with law, if there is no legal impediment.
In view of above, it is directed that in case fresh application as one dated 23.05.2019 is again moved by the petitioner before the respondent no.3, Basic Siksha Adhikari, Lakhimpur Khiri, within a period of 15 days from today, the same shall be considered and disposed of by the respondent no.3, Basic Siksha Adhikari, Lakhimpur Khiri, expeditiously by passing speaking orders in accordance with law.
With the aforesaid directions, the instant petition is disposed of."
2. Pursuant to issuance of contempt notice, an affidavit of compliance of Mr. Buddha Priya Singh, District Basic Education Officer, Lakhimpur Kheri has been tendered today in the Court by Mr. Sandeep Kumar Yadav, Advocate, which is taken on record.
Along with the aforesaid compliance affidavit, copy of order dated 09.07.2019 passed by the District Basic Education Officer, Lakhimpur Kheri has been placed on record as Annexure A-1. By the order dated 09.07.2019, the Block Education Officer, Pasgawan has been directed to sanction the medical leave of the petitioner as the medical leave of the petitioner in a year is less than 42 days and he is the competent authority.
3. In pursuance of the direction issued by the District Basic Education Officer, Lakhimpur Kheri, the Block Education Officer has passed an order on 19.07.2019, placed on record as Annexure A-2 to the said compliance affidavit, whereby the petitioner's medical leave has been sanctioned.
4. In view of the above, nothing survives in this contempt petition, which is dismissed as having been rendered infructuous.
Contempt notice stands discharged.
[Dinesh Kumar Singh,J.] Order Date :- 30.8.2019 MVS/-