This Contempt Case Has Been Filed ... vs Unknown
2023 Latest Caselaw 3193 AP

           HON'BLE DR. JUSTICE K. MANMADHA RAO

               CONTEMPT CASE No.4737 of 2022
ORDER :

This contempt case has been filed by the petitioners to

punish the respondents under Sections 10 to 12 of Contempt

of Courts Act for their willful disobedience to the order dated

11.07.2022 passed by this Court in W.P.No.20923 of 2020.

2. Heard Sri G. Seena Kumar, learned counsel

appearing for the petitioners and Sri Metta Chandra Sekhar

Rao, learned Standing Counsel and Sri Shreyas Reddy,

learned Counsel appearing for the respondents/contemnors.

3. This Court vide order, dated 11.07.2022 in

W.P.No.20923 of 2020, has disposed of the writ petition. The

operative portion of the said order, reads as under:

"Accordingly, the Writ Petition is disposed of. The respondents are directed to appoint the petitioners as Junior Linemen against the vacancies earmarked for BC(D) vacancies with all consequential benefits including seniority at par with other candidates appoint pursuant to selection pursuant to notification dated 07.06.2006/20.10.2006, within a period of eight (08) weeks from the date of receipt of a copy of this order."

4. Counter affidavit has been filed by the respondent

No.3 denying all the averments made in the petition and stated

that, aggrieved by the above order dated 11.07.2022 in WP

No.20923 of 2020, the APEPDCL preferred an appeal vide

W.A.No.692 of 2022 before a Division Bench of this Court and

the same was disposed of vide judgment dated 10.10.2022 and

the operative portion of the said judgment reads as under:

"...Having considered the entire fact situation of the case and considering the statement made in the memo filed on behalf of the writ petitioners, we are of the opinion that it would be appropriate to modify the order passed by the learned single Judge to the extent of consequential relief, by directing the respondent authorities to allow seniority to the writ petitioners from the date of which the last BC-D candidate - Menda Venkataramana was appointed and revise the pay notionally and release arrears of pay from the date of filing of notionally and release arrears of pay from the date of filing of W.P.no.2093 of 2020 i.e., 09.11.2020 till the date of their appointment.

With the above modification, the appeal is disposed of."

It is further stated that after receipt of the above order,

instructions were sought from the Corporate Office,

Visakhapatnam and the same was received from Corporate

Office vide Memo No.EPCOR-06003(06003(16)/1/2021-IR-T-3-

COR/E-338965/I.No442090/2022, dated 24.11.2022 as

follows:

i. Re-examine and verify the eligibility of the petitioners Sri P.Sri Rama Sanjeeva Rao and Sri K.Atcha Rao with reference to their marks, ROR and terms and conditions of the CJLM Recruitment Notification 2006.

ii. Further approach the S.L.A./APEPDCL along with connected records and obtain legal opinion on the subject matter for the next course of action in respect of the High Court orders in WA No.692 of 2022.

It is further stated that in compliance of the orders in

WA No.692 of 2022, allotment orders were issued to the writ

petitioners for provisional selection in the batch of 2006-2007

Junior Linemen Recruitment to Operation Division

Rajamahendravaram vide Lr.No.SE/O/RJY/EE-T/PO/JAO/

ADM/SA-2/D.No.1067/22, dated 26.11.2022. Accordingly,

the Executive Engineer/Operation/ Rajahmundry issued

appointment and Re-posting orders to the writ petitioner vide

Memo No.EE/O/RMV/JAO/ADM/SA-1/D.No.1427/22, dated

26.11.2022, Memo No.EE/O/RMV/JAO/ADM/SA-1/

D.No.1328/22, dated 26.11.2022 and also the notional pay is

fixed for Rs.39,410/- w.e.f. 09.11.2020 and with consequent

increments pay is revised to Rs.40,675/- w.e.f. 01.10.2021 and

Rs.41,940/- w.e.f. 01.10.2022. The gross arrears bill from

09.11.2020 to 28.11.2022 was arrived for Rs.12,87,600/- and

after deductions of PT, SFMS, EPF, GIS an amount of

Rs.1,59,109/- net amount was arrived Rs.11,28,493/- to each

individuals vide Lr.No.EE/O/RMV/JAO/ADM/SA.1/

D.No.193/23, dated 14.2.2023. Accordingly, the said arrears

of salary and allowances will be paid to the individuals along

with their monthly salary i.e., 02/2023 after deduction of

income tax as per rules. It is further stated that, all the above

stated supra on the administrative internal correspondence,

some delay was happened for complying with the order dated

10.10.2022 in W.A. No.692 of 2022 in W.P.No.20923 of 2020

without any deviation. It is further stated that there is no

contemptuous act committed by this respondent and as such

this contempt case may be closed.

5. Reply affidavit has been filed by the petitioners while

denying all the averments made in the counter, contended that

the respondents have not fully complied with the orders,

intentionally and deliberately delaying the full compliance.

Then, the petitioners had specifically requesting the office of

the Executive Engineer and the 3rd respondent office to furnish

the merit/selection list and bluntly refusing to furnish the

same in spite of the orders of the Commissioner, RTC. This

part of the action on the part of the 3rd respondent amounts to

contempt of court. It is further stated that in the promotion

order as Assistant Linemen in Memo

No.EE(O)RMY/JAO/ADM/SA.I/ D.No.439/2023, dated

25.03.2023, it is mentioned that promotion as ALM notionally

on par with one Sri A.V.Rameswara Rao who joined as ALM.

But the name of said A.V Rameswara Rao was not found in the

list of JLMs, it is not known as to whether he is among the 165

candidates and what is his merit is not furnished either in the

compliance report or in the promotion orders. It is also not

correct to state that the respondents have complied with the

orders of this Court totally are incorrect and denied as this is

only part compliance. The petitioners are pursuing the issue

from 2007 onwards and after more than 12 years they have got

the relief from this Court but ae being denied the fruits of the

orders of this Court and this action of the respondents are

intentional and deliberate disobedience towards the orders of

this Court dated 11.07.2022 passed in wP No.20923 of 2020

and the writ appeal in WA No.692 of 2022 and hence all the

respondents are cumulatively liable for punishment under the

contempt of courts act.

6. On perusing the proceeding sheet, vide order, dated

29.11.2022, Mr. G. Seena Kumar, learned counsel for the

petitioners submitted that the respondents have issued Memo

dated 26.11.2022, whereunder, reposting orders were issued

to the petitioners and partly they have complied with order of

this Court and he further submitted that with regard to pay

fixation of the petitioner, the respondents have to comply with

the order. Thereafter, when the matter was listed on

20.01.2023, Mr. Metta Chandra Sekhar Rao, learned Standing

Counsel for the respondents represented that the respondents

are taking steps to comply with the order of this Court and

sought time.

7. Learned Standing Counsel for APEPDCL appearing

for the respondents, in view of the compliance of the orders of

this Court, has furnished a letter vide Lr.No.SE/O/RJMV/EE-

T/PO/JAO/ADM/SA-2/D.No.272/2023, dated 25.03.2023,

received from the Superintending Engineer, APEPDCL,

Rajamahendravaram, and submits that in view of the

compliance of the orders of this Court in W.A.No.692 of 2022

in W.P.No.20923 of 2020 the seniority of Sri P.Rama Sanjeeva

Rao JLM and Sri K.Atcha Rao, JLM i.e., the petitioners herein,

was revised in junior Lineman cadre and accordingly

promotions ordered as Assistant Lineman and reposting orders

were issued to the petitioners.

      8.        He      also     furnished      a     copy        of     letter    in

Lr.No.EE(O)RMV/JAO/ADM/SA.1/D.No.555/2023,                                   dated

15.04.2023 addressed by the Executive Engineer, Operation,

APEPDCL, Rajamahendravaram to the Superintending

Engineer, Rajamahendravaram, wherein it was mentioned that

in compliance of the orders of this Court in WA No.692 of 2022

in WP No.20923 of 2020 and CC No.4737 of 2022 i.e., from

09.11.2020, the seniority of the incumbents was revised in

Junior Lineman Cadre and accorded promotions to the above

incumbents as Assistant Lineman and posting were issued

vide Memos, dated 25.03.2023.

9. On a perusal of the proceeding sheet, vide order,

dated 17.04.2023, learned counsel for the respondents filed a

Memo vide No.EE(O)RMV/JAO/ADM/SA.1/D.No.554/2023,

dated 15.04.2023, wherein it is stated that "whose names are

figured in the Seniority List are instructed to acknowledge the

receipt of the same and they may put forth their objections

within 15 days i.e., on or before 29.4.2023 positively and if no

objections are received within the stipulated time, the seniority

list now communicated will be considered as confirmed without

any further reference."

10. During hearing, learned counsel for the petitioners

submits that though this Court passed orders to consider

the case of the petitioners in letter and spirit, the

respondent authorities herein have not complied with.

Therefore, learned counsel requests this Court to pass

necessary orders.

11. Further, learned Standing Counsel has furnished

another letter received from the Superintending Engineer,

APEPDCL, Rajamahendravaram, vide Lr.No.SE/O/RJMV/EE-

T/PO/JAO/ADM/SA-2/D.No.588/2023, dated 08.06.2023,

wherein it is mentioned that the last promotion panel from

Assistant Lineman to Lineman was approved by the DPC in the

month of May 2023 (May, June & July) in which the panel

ended with Sl.No.39 and the next DPC will be held in August-

2023 as per rules and Sri P.Sri Rama Sanjeeva Rao & Sri

Kondra Atcha Rao will be enlisted for consideration of

promotion as Linemen as per eligibility. He further submits

that the respondents will be considered the case of the

petitioners within the month of August, 2023 as per their

eligibility.

12. On hearing the submissions of learned Standing

Counsel, when this Court posed a query to the learned

Standing Counsel with regard to the implementation of the

orders of this Court for taking the decision "as per the

seniority" or "as per the eligibility" criteria, he replied that the

respondents will be taken decision as per the orders of this

Court i.e., 'as per their seniority" and the same exercise will be

completed within the month of August 2023.

13. In view of the submissions made by learned

Standing Counsel, this Court deems it appropriate to grant

time upto August 2023 to the respondents/contemnors to

implement the directions of this Court dated 11.07.2022

passed in W.P.No.20923 of 2020.

14. With the above observation, the Contempt Case is

closed. No order as to costs. As a sequel, interlocutory

applications, if any pending, shall stand closed.

______________________________ DR. K. MANMADHA RAO, J.

Date :     14 -06-2022

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      HON'BLE Dr. JUSTICE K. MANMADHA RAO




        CONTEMPT CASE No.4737 of 2022




                Date :   14.06.2023




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