HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Contempt Case No.789 of 2021
ORDER:
This contempt case is filed against the respondents alleging violation of orders passed by this Court in WP No.20031 of 2018 dated 29.08.2019.
WP No.20031 of 2018 was filed seeking to declare the action of the respondents in not regularizing the services of the petitioners, as illegal and arbitrary. The said writ petition was allowed on 29.08.2019 directing the respondents to regularize the services of the petitioners forthwith subject to the petitioners possessing other requisite qualifications.
Counter-affidavit is filed by the 1st respondent stating inter-alia, that the Executive Council of the 4th respondent-University has the authority for taking a decision on the subject matter in case of the regularization of the employees of the University under Sri Padmavati Mahila Viswavidyalayam General and Subordinate Service Rules and that the approval, if any of the 1st or 2nd respondents will arise, only after the executive council of the 4th respondent University takes decision on the subject matter; the Higher Education Department has given instructions to the 4th respondent University to implement the judgment subject to the eligibility of the petitioners as per the parameters stipulated by the Apex Court in Government Letter No.1073315/UE/A1/2020, dated 27.07.2020 and accordingly, the 4th respondent University examined the fulfillment of requisite eligibility of each petitioner and found that none of the petitioners have fulfilled their requisite eligibility as per para 53 2 KVL, J CC No.789 of 2020 of the judgment of the Apex Court in 'State of Karnataka vs. Umadevi1' and hence, the University has issued proceedings dated 05.11.2020, communicated the same to the petitioners herein and the 1st respondent tendered unconditional apology for the delay in implementing the order.
Counter-affidavit is also filed by the 4th respondent stating inter- alia, that the University has examined the eligibility of each of the petitioners in compliance of the orders of this Court and that none of the petitioners have fulfilled the eligibility criteria as per para 53 of the judgment of the Apex Court in Umadevi's case (supra) and passed speaking order on 05.11.2020 and communicated the same to the petitioners and the same was also acknowledged by the petitioners; he also expressed unconditional apology for the delay in implementing the orders of this Court. Copy of the proceeding dated 05.11.2020 and copies of the letters addressed to each of the petitioners on 05.11.2020 are also filed along with the counter-affidavit by the 4th respondent.
As seen from the letter dated 05.11.2020, it is stated that the petitioners were never appointed against the sanctioned posts, rule of reservation was not followed at the time of their appointment, recruitment process was also not followed by the University and that the petitioners were appointed as daily wage/NMR employees.
In view of the facts and circumstances stated above, pursuant to the directions of this Court in WP No.20031 of 2018, dated 29.08.2019, the respondents have considered the cases of the petitioners and speaking orders were passed and communicated through letters dated 05.11.2020 to each of the petitioners, this court is of the view that there is no willful violation of the orders of this Court by the respondents. 1 (2006) 4 SCC 1 3 KVL, J CC No.789 of 2020 The contempt case is, closed accordingly. No order as to costs. Consequently, miscellaneous petitions, if any pending, in this contempt case, shall stand closed.
________________________ KONGARA VIJAYA LAKSHMI, J Date: 07.05.2021 BSS 4 KVL, J CC No.789 of 2020