Andhra Pradesh High Court - Amravati
Challa Srinivasa Rao, vs Smt.Y.Srilakshmi, Ias on 30 June, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CONTEMPT CASE No.1932 of 2022
JUDGMENT:-
1. Heard Sri P.V.Ramana, learned counsel for the petitioner
and perused the material on record.
2. After completion of his arguments, learned counsel for the
petitioner requested for an adjournment. The prayer is rejected.
3. This contempt petition has been filed alleging willful
disobedience of the judgment/order dated 30.03.2022 passed by
this Court in W.P.No.3314 of 2021.
4. The operative portion of the judgment dated 30.03.2022,
reads as under:-
"21. The writ petition is allowed and the impugned order is
quashed, with the following further directions:-
(i) The 1st respondent is directed by issuance of a Writ of
Mandamus to consider the petitioner‟s case for appointment
on the post of Municipal Assistant Engineer, in accordance
with law, if the petitioner is otherwise eligible for such
appointment, under Rule 3 (b) (ii) of the Rules, 1977 by a
reasoned and speaking order, and his case shall not be
rejected on the ground that he is „Fitter".
(ii) The above exercise shall be done within a period of two
months from the date of production of copy of this order
before respondent No.1. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed
in consequence."
5. Pursuant to the said order, the respondent No.1, the Special
Chief Secretary to Government has passed the order vide
Memo.No.1221812/C2/2020, dated 13.06.2022 examining the
petitioner's case. It is appropriate to reproduce the paragraph
Nos.5 and 6 of the said order as under:-
"5. It is informed that, as per the orders dated
30.03.2022 in W.P.No.3314/2021 to consider promotion to
Sri Challa Srinivasa Rao, Fitter, Guntur Municipal
Corporation to the post of Municipal Assistant Engineer, it is
also necessary to examine the other qualifications including
his educational qualification. Since the matter with regard to
his educational qualification is subjudice, his promotion to the
post of Municipal Assistant Engineer will be examined and
considered after receipt of the final orders from the Hon‟ble
High Court in W.P.No.13531 of 2020 and C.C.No.76/2021
with regard to his Deemed University Engineering Diploma
Qualification.
6. The Hon‟ble High Court orders dated 30.03.2022 in
W.P.No.3314/2021 filed by Sri Challa Srinivasa Rao, Fitter
(Tap Inspector In-charge), Guntur Municipal Corporation are
examined within the scope of rules and these speaking
orders are issued to Sri Challa Srinivasa Rao, Fitter (Tap
Inspector In-charge), Guntur Municipal Corporation with
reference to the Hon‟ble High Court orders dated 30.03.2022
in W.P.No.3314/2021 for favour of information in the matter."
6. This Court vide judgment dated 30.03.2022, directed the
respondents to consider the petitioner's case for appointment on
the post of Municipal Assistant Engineer in accordance with law, if
the petitioner is otherwise eligible for such appointment under
Rule 3 (b) (ii) of the Rules, 1977 by a reasoned and speaking order
with a specific direction that the petitioner's case shall not be
rejected on the ground that he is 'Fitter'.
7. From reading of the order, dated 13.06.2022 passed by the
respondent No.1, it is evident that the petitioner's case has not
been rejected on the ground that he is a 'Fitter'.
8. The order, dated 13.06.2022 has been passed after
considering whether the petitioner is eligible for such appointment
or not. In this respect, the petitioner's educational qualification of
diploma has been taken into consideration with respect to which
W.P.No.13531 of 2020 was filed, in which there was interim order,
dated 10.08.2020 as submitted by the learned counsel for the
petitioner.
9. The order, dated 13.06.2022 proceeds that the petitioner's
case will be examined and considered after receipt of the final
orders in W.P.No.13531 of 2020.
10. Learned counsel for the petitioner states that the
W.P.No.13531 of 2020 has now been disposed of.
11. He further submits that the petitioner filed C.C.No.76 of
2021 with respect to interim order, dated 10.08.2020 in
W.P.No.13531 of 2020.
12. Be that as it may.
13. I do not find any case of non-compliance with the judgment
dated 30.03.2022 in W.P.No.3314 of 2021.
14. The Contempt Case is therefore rejected.
15. It is clarified that this Court has not made any observation
on the merits of the order dated 13.06.2022 or in C.C.No.76 of
2021.
16. The petitioner is at liberty to avail his remedy as may be
available under law with respect to the order dated 13.06.2022, if
so advised.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 30.06.2022
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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CONTEMPT CASE No.1932 of 2022
Date: 30.06.2022
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