Laxmi Devi vs Smt. Dr. Sandhaya Singh, the Director General Medical Health and Family Welfare — Allahabad HC (2025) — LawSathi Research

Laxmi Devi vs Smt. Dr. Sandhaya Singh, the Director General Medical Health and Family Welfare — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim contempt order: the opposite party (Director General, Medical Health and Family Welfare) and the Chief Medical Officer, Kanpur Nagar are directed to be personally present before the Court on 05.02.2025, when the matter is to be listed again; a copy of the order is to be communicated by the Registrar (Compliance) to both officers within three days.

Issue for consideration

Whether the Chief Medical Officer, Kanpur Nagar and the Director General, Medical Health and Family Welfare, Government of Uttar Pradesh, Lucknow are liable to be prosecuted for contempt of the Court for willfully disobeying its order directing issue of an appointment order in favour of the applicant.

Court's answer

The Chief Medical Officer, Kanpur Nagar has clearly overridden the order passed by this Court, and the Director General has also failed to comply with the orders passed by this Court which had categorically directed the Director General to issue an order of appointment in favour of the applicant.

Ratio / Principle

The Chief Medical Officer, Kanpur Nagar and the Director General, Medical Health and Family Welfare, Government of Uttar Pradesh, Lucknow are liable to be prosecuted for having committed contempt of the Court because they willfully disobeyed its order.

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 8001 of 2024, High Court of Judicature at Allahabad (Salil Kumar Rai, J.; order dated 24.1.2025). Applicant: Laxmi Devi; opposite party: Smt. Dr. Sandhaya Singh, Director General, Medical Health and Family Welfare. By order dated 19.09.2024 in Writ - A No. 10886 of 2024, the Court, having noted the Uttar Pradesh Subordinate Services Selection Commission's recommendation of the applicant for appointment as Auxiliary Nurse and Midwife, directed the Director General, Family Welfare, Government of Uttar Pradesh to issue appointment orders within three weeks. On non-compliance, notices were issued in the present contempt application and the Standing Counsel subsequently filed the Director General's affidavit. Instead of issuing an appointment order, the Chief Medical Officer, Kanpur Nagar rejected the applicant's claim, overriding the Court's order, and the Director General likewise failed to comply. The Court held both officers liable to be prosecuted for contempt for willfully disobeying its order, directed the Director General and the Chief Medical Officer to be personally present in Court on 05.02.2025, listed the matter afresh for that date, and instructed the Registrar (Compliance) to communicate a copy of the order to both officers within three days.

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 8001 of 2024

Applicant :- Laxmi Devi Opposite Party :- Smt. Dr. Sandhaya Singh, The Director General Medical Health And Family Welfare Counsel for Applicant :- Anant Vijay

Hon'ble Salil Kumar Rai,J.

In pursuance to the previous order passed by this Court, the Standing Counsel has filed the affidavit of the opposite party, i.e., the Director General, Medical Health and Family Welfare, Government of Utar Pradesh, Lucknow.

Through order dated 19.09.2024 passed in Writ - A No. 10886 of 2024, this Court had taken note of the fact that the Uttar Pradesh Subordinate Services Selection Commission, Lucknow had recommended the name of the applicant for appointment as Auxiliary Nurse and Midwife. The recommendations were made to the Director General, Family Welfare, Government of Uttar Pradesh.

After taking note of the aforesaid fact, this Court directed the Director General, Family Welfare, Government of Uttar Pradesh to issue necessary appointment orders in favour of the applicant within a period of three weeks from the date the order was passed. The order was passed by this Court on 19.09.2024.

When the orders of the Court were not complied by the opposite party, the present contempt application was filed in which notices were issued to the Director General, i.e., the opposite party. However, instead of issuing of an appointment order in favour of applicant, the Chief Medical Officer, Kanpur Nagar has rejected the claim of the applicant for appointment and it appears that because of the said order, the Director General has also not complied with the order passed by this Court.

The Chief Medical Officer, Kanpur Nagar has clearly overridden the order passed by this Court and the Director General has also failed to comply with the orders passed by this Court which had categorically directed the Director General to issue an order of appointment in favour of applicant.

The Chief Medical Officer, Kanpur Nagar and the Director General, Medical Health and Family Welfare, Government of Uttar

Pradesh, Lucknow are liable to be prosecuted for having committed contempt of this Court because they have willfully disobeyed the order passed by this Court.

The opposite party, i.e., Director General, Medical Health and Family Welfare, Government of Uttar Pradesh, Lucknow and the Chief Medical Officer, Kanpur Nagar shall be personally present in the Court on 05.02.2025.

List again on 05.02.2025 .

A copy of this order be communicated to the Director General, Medical Health and Family Welfare, Government of Uttar Pradesh, Lucknow and the Chief Medical Officer, Kanpur Nagar by the Registrar (Compliance) within three days.

Order Date :- 24.1.2025 Vipasha

Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad