UTTAR PRADESH PHARMACY COUNCIL Vs. YASH KARAN SINGH

JUDGEMENT

(1.) This Special appeal is directed against the orders/judgment dated 22.11.1994 and 18,10.1995 passed by Hon'ble Mr. Justice A.P. Singh in Writ Petition No. 2119 of 1982 on application No. 14858 (W) of 1994 and 13244 (W) of 1995 (recall application dated 9.10.1995) respectively.

(2.) The case has a chequered history succinctly put; the writ petitioner Yash Karan Singh was an employee of the Uttar Pradesh Dental Council but for quite some time was working on deputation with the U.P. Pharmacy Council, Lucknow, since August 1980. Towards the close of April 1982 his services were sought to be repatriated to parent department against which he reonstrated and finally came to the Court as a petitioner in Writ Petition No. 2119 of 1982. An interim order was passed in that case on 10.5.1982 staying his repatriation. On 26.11.1983 some modification was ordered and a direction issued to the Pharmacy Council for depositing his salary which he was drawing at the time of repatriation. Permission was also granted to him to withdraw that amount. The writ petition itself was finally disposed off by an Hon'ble Single Judge of this Court on 31.3.1993 holding inter aha that the repatriation was bad in law because prior thereto he had been permanently absorbed and confirmed on the post of Junior Assistant in the U.P. Pharmacy Council with all consequential benefits arising therefrom.

(3.) It appears that the petitioner was not satisfied with the response of the U.P. Pharmacy Council in regard to the compliance of the Judgment, particularly in the context of payment of back wages. He, therefore, moved a formal application for contempt under Article 215 of the Constitution which came to be registered here in this Court as Criminal Misc. Case No. 837 of 1994, but it was dismissed as not maintainable on 12.8.1994. However, it was observed therein that the petitioner could execute its judgment and order by filing an application as provided under the Rules of the Court. He thereupon moved a formal application and the learned Single Judge on 22.11.1994 passed one of the orders impugned in this special appeal directing the office to "prepare a final order and send the same as prayed by the petitioner for execution" to the District Judge, Lucknow.