A Syama Sundar Rao vs P Koteswara Rao,I.A.S
2023 Latest Caselaw 561 AP

           HIGH COURT OF ANDHRA PRADESH
               MAIN CASE: C.C. No. 4889 of 2022

                            PROCEEDING SHEET

SL.     DATE                               ORDER                           OFFICE
NO.                                                                         NOTE

07.   02.02.2023   RNT, J

                          Heard Sri B. S. N. Naidu, learned counsel
                   for the petitioner.
                          2. He submits that the 2nd respondent has

wilfully and deliberately disobeyed the order passed by this Court, dated 25.03.2022 in W.P.No.30924 of 2021 (A. Syama Sundar Rao v. The District Collector, Kurnool and 2 ors.)

3. The operative portion of the order dated 25.03.2022 reads as under:

"9. In view of the aforesaid, without entering into the merits of the case i.e. whether the petitioner is or is not entitled to be promoted, this writ petition is being disposed of finally, directing the respondent No.2/Director of Social Welfare, Tadepalli, Guntur District to consider the petitioner's case for promotion to the next higher post of Assistant Social Welfare Officer, in the next DPC when held for such purpose, in accordance with law.

10. It is clarified that the disciplinary proceedings may also be concluded by the competent authority expeditiously without being influenced with this order, in accordance with

SL. DATE ORDER OFFICE NO. NOTE law.

11. Writ Petition stands disposed of finally in the aforesaid terms."

4. Learned counsel for the petitioner submits that the petitioner's case has not been considered though the 2nd respondent has granted promotions to two other persons, namely, Sri B. Maddiletty and Sri Y. V. Subba Reddy to the post of Assistant Social Welfare Officer. He submits that this Court directed to consider the petitioner's case in the next DPC, but what the 2nd respondent has done is that DPC has not been conducted so as to deprive the petitioner of the benefit of the judgment and those two persons, mentioned above, have been promoted without conducting any DPC. He submits that an additional affidavit to that effect has been filed vide USR No.2003/23 on 05.01.2023.

5. Issue notice to the 2nd respondent to file response to the affidavit in support of the contempt petition as also the additional affidavit

6. Learned counsel appearing for respondent No.3 submits that he is unnecessarily impleaded.

7. Learned counsel for the petitioner submits that respondents No.1 & 3 were impleaded as party because they were parties in the writ petition. He further submits that the

SL. DATE ORDER OFFICE NO. NOTE order is to be complied by the 2nd respondent and he would file appropriate application for deletion of the names of respondents No.1 & 3.

8. Post on 02.03.2023.

_________ RNT, J Dsr