Andhra Pradesh High Court - Amravati
Chukka Sarat Babu, vs Sri. Muddada Ravichandra, on 5 July, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:C.C.No.1803 of 2022
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No NOTE.
RNT,J
3. 05.07.2022 1. Heard Sri Jada Sravan Kumar, learned counsel
for the petitioner.
2. Challenging the order of his relieving dated
09.02.2022, the petitioner filed W.P.No.4374 of 2020, in
which the operation of the order impugned dated
09.02.2022 was stayed, till the decision was taken by
the respondent No.3/the Principal Government Dental
College & Hospital, Vijayawada, Krishna District, interms
of the judgment dated 04.02.2022 in W.P.No.20604 of
2020.
3. The order dated 21.02.2022 is reproduced as
under:-
"Heard Sri Jada Sravan Kumar, learned counsel
for the petitioner, and Sri Vadapalli Ramesh, AGP
for Services - IV, representing for all the
respondents.
Learned AGP for Services - IV prays for two
weeks time to file counter.
The petitioner has challenged the order of his
relieving dated 09.02.2022, by which, he has been
relieved from the duties of Assistant Librarian
Government Dental College and Hospital,
Vijayawada.
Challenging the discontinuance of his services on
contract basis, the petitioner filed W.P. No. 20604
of 2020, in which an interim order was granted,
directing the respondents to continue the petitioner
as Assistant Librarian in the college of respondent
No.3 on contract basis subject to payment of salary
until further orders. This Court noticed that in
previously filed writ petition, in
WPMP.No.15705/2010 in W.P.No.12453/2010, vide
order dated 03.06.2010 & 30.06.2010, the
petitioner was directed to be continued in service.
Alleging non-compliance the petitioner filed C.C.
No. 296 of 2021 and during its pendency, the 3rd
respondent passed an order dated 20.01.2022 and
thereby permitted the petitioner on contract basis
to attend the duties as Assistant Librarian in the
existing vacancy of Assistant Librarian in the said
college for a period of one year, subject to
SLPs./WPs/Was/RPs/OAs/Cases etc., if any,
pending before the Courts of law. The
WP.No.20604 of 2020 along with W.P. No. 12453
of 2010 was decided finally by judgment dated
04.02.2022 dismissing W.P.No.12453/2010 and
with respect to W.P.No. 20604 of 2020, this court
keeping in view the submission that the petitioner
is solely dependent on the post in question, left it
open to the respondents to consider the petitioner's
case for appointment, in any suitable post, in any
of the existing vacancies. The petitioner by the
impugned order dated 09.02.2022 has been
relieved from the duties of the Assistant Librarian.
Learned counsel for the petitioner submits that
the petitioner was appointed on contract basis for a
period of one year and against the existing vacancy
of Assistant Librarian in the college, which is
evident from the order dated 20.01.2022 and
therefore, in view of the order passed in
W.P.No.20604/2020, the respondents should have
considered the petitioner's case for appointment, in
a suitable post and ought not to have relieved the
petitioner on 09.02.2022 arbitrarily and that too in
violation of the principles of natural justice.
Prima facie, this Court is of the view that once this
court in W.P. No. 20604 of 2020 granted liberty to
the 3rd respondent to consider the petitioner's case
against some existing vacancies in any suitable
post and as in view of the interim order, the
petitioner was given appointment on contractual
basis for a period of one year w.e.f 20.01.2022
against the existing vacancy, the 3rd respondent
ought to have considered the petitioner's case
pursuant to the liberty granted to respondent No.3
before relieving the petitioner vide order dated
09.02.2022.
Under the circumstances, the operation of the
impugned order shall remain stayed till the decision
is taken by the 3rd respondent in terms of the
judgment dated 04.02.2022 in W.P.No.20604 of
2020.
List on 07.03.2022."
4. Learned counsel for the petitioner/applicant
submits that the copy of the interim order was served
to respondent No.3 on 24.02.2022, but the
petitioner/applicant was not permitted joining on the
post of Assistant Librarian in the college of the
respondent No.3.
Later on, an order dated 04.05.2022 was passed
by the respondent No.3 requesting the respondent No.2
to issue an order to the Principal to appoint the
petitioner in the existing vacancy of Junior Assistant on
contract basis for a period of one year, also mentioning
that there was no existing vacancy in the cadre of
Assistant Librarian post and as such the petitioner
cannot be accommodated in the post of Assistant
Librarian.
Learned counsel for the petitioner submits that
the respondents are disobeying the interim order dated
21.02.2022, as the petitioner has not been allowed to
join the post of Assistant Librarian, inspite of there
being stay of the relieving order dated 09.02.2022 nor
any final order giving appointment to the petitioner,
even for the post of Junior Assistant, has been passed.
Prima facie, in view of the aforesaid, the
respondent Nos.2 and 3 are disobeying the interim
order dated 21.02.2022.
Accordingly, issue notice to the respondent
Nos.2 and 3 to show cause as to why the proceedings
for contempt of Court for willful disobedience of the
order dated 04.02.2022 passed in W.P.No.20604 of
2020, be not proceeded with for their punishment.
Let the respondent Nos.2 and 3 file response
through counsel by the next date.
List on 08.08.2022.
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RNT,J
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