B K JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS case is a stark example not only of executive excess depriving a citizen of the fruits of a long drawn litigation but also the manner in which the order of this court are not obeyed in spirit. THIS case is unfortunate in another respect inasmuch as this contempt application moved in the year 1984 has come up for disposal before me after a lapse of about a decade.

(2.) THE applicant belongs to Provincial Medical Service of State of U. P. and was appointed in the year 1960. He was entitled to do private practice including the practice of giving treatment to the Central Government employees and their families for which he was getting fees from them. THE Director of Medical Health and Family welfare, U. P. Lucknow, who is opposite party no. 4 to the contempt application, issued a circular dated 7-12-1966 prohibiting the applicant from giving general treatment to the employees of the Central Government and their familities. For depriving the applicant from getting the benefit of fee etc. from the treatment of the Central Government employees and their families, the applicant was entitled to get compensation from the State Government under Rule 27 of the U. P. Medical Services Rules. THE case of the applicant, was and is, that by this prohibition he suffered a monetary loss of Rs. 1500/- per month. THE applicant filed writ petition no. 2052 of 1971 challenging the validity of the said prohibition put on him. THE writ petition was allowed on 12-11-1971 in which a mandamus was issued in the following terms :-

(3.) THE period for which the compensation was to be determined is 7-12-1966 to 28-2-1973 and 1-1-1974 to 14-7-1974 which comes to 81 months and 10 days. Special Leave Petition No. 1301 of 1981 filed by the State Government against the judgment dated 10-9-1980 was also dismissed by the Supreme Court on 21-11-1983.