Telangana High Court
U.Kalamma vs Smt. Ila Tripathi Ias on 1 May, 2025
THE HON'BLE SMT. JUSTICE T.MADHAVI DEVI
CONTEMPT CASE No.2558 of 2024
ORDER:
This Contempt Case is filed alleging willful and deliberate disobedience of the directions of this Court in W.P.No.112 of 2020, dated 02.04.2024 and to punish the contemnors for the same under the Contempt of Courts Act and to pass such other order or orders in the interest of justice.
2. This Court, after considering the judicial proceedings and the issue of the eligibility of the petitioners for the minimum time scale of pay as well as the annual grade increments, had directed the petitioners to make representations to the authorities within a period of two weeks from the date of receipt of a copy of the order and thereafter directed the respondents to pass appropriate orders thereon in the light of the judgments relied upon by the learned counsel for the petitioners within a period of four weeks therefrom. The respondent No.4 has passed a speaking order dated 05.08.2024 rejecting the cases of the petitioners by observing that the judgments of the Hon'ble Supreme Court relied upon by the petitioners are not TMD,J C.C.No.2558 of 2024 2 applicable to them as they are not working in a regular sanctioned post as per cadre strength and so, they are not entitled to the relief granted by this Court dated 02.04.2024.
3. This Court vide interim order dated 14.02.2025 had suo-moto impleaded the respondent No.4 and the respondent No.4 has filed a counter affidavit reiterating the stand taken by him in the speaking order dated 05.08.2024.
4. Learned counsel for the petitioners submitted that the stand of the respondent No.4 is in clear violation of the directions of this Court and the prayer of the petitioners in the writ petition was to make the payment of the minimum time scale of pay, whereas the respondent No.4 has considered the conditions required for regularization of the services and has rejected their representation without considering the judgments referred to by the petitioners in proper perspective and without application of mind and giving the very same reasons which have already been considered by this Court.
5. Having regard to the rival contentions and the material on record, this Court finds that in the speaking order dated 05.08.2024, the respondent No.4 has TMD,J C.C.No.2558 of 2024 3 considered the judgments and the conditions which are required for regularization of services of the petitioners and not the judgment of the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Jagjit Singh and Others, reported in (2017) 1 SCC 148, for payment of the minimum time scale of pay. Therefore, the respondent No.4 has intentionally not referred to the judgments considered by this Court in its order dated 02.04.2024 and has referred to the conditions required for regularization of services for rejecting the request of the petitioners and therefore, it is in clear Contempt of the order of this Court. However, giving the benefit of the doubt to the respondent No.4 about the understanding of the order of this Court, this Court makes it clear that the directions of this Court was to follow the judgment of the Hon'ble Supreme Court in the case of Jagjit Singh (cited supra) and to make the payment of the minimum time scale of pay upon submission of their representations. In the interest of justice, a further four (4) weeks time is granted to the respondent No.4 to pass appropriate orders of granting the minimum time scale of pay to the petitioners and to file a compliance report, failing TMD,J C.C.No.2558 of 2024 4 which, the respondent No.4 shall be liable for punishment under the Contempt of Courts Act.
6. With above directions, the Contempt Case is closed. There shall be no order as to costs.
7. Miscellaneous applications, if any pending, shall also stand closed.
____________________________ JUSTICE T.MADHAVI DEVI Date: 01.05.2025 bak TMD,J C.C.No.2558 of 2024 5 THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI CONTEMPT CASE No.2558 of 2024 Date: 01.05.2025 bak