Andhra Pradesh High Court - Amravati
M Siva Ram Babu vs Shashi Bhushan Kumar,I.A.S on 6 October, 2023
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
CONTEMPT CASE No.3449 OF 2023
ORDER:
This Contempt case has been filed to punish the
contemnors/respondents under the provisions of Contempt of
courts Act 1971 for violation of the orders and for not
implementing the orders of this Court in W.P.(AT) No.373 of
2021 dated 19.01.2023.
2. Heard Sri C. Srinivasa Baba, learned counsel
appearing for the petitioner and Sri V. K. Naidu, learned
Government Pleader for Services-III appearing for the
respondents.
3. This Court, vide order, dated 19.01.2023, in W.P. (AT)
No.373 of 2021, has disposed of the writ petition. The operative
portion of the said order, reads as under:
".........,...directing the respondents to consider the case ofhte
petitioner and accord and pay the SPP Grade I and II Scales from the date of
his acquiring requisite qualification in the year 2006 and also revise his
pension as per his entitlement. The entire exercise shall be completed within a
period of eight weeks from the date of receipt of a copy of this order.
With the above observation, the Writ Petition is disposed of. There shall
be no order as to costs."
4. Learned counsel for the petitioner submits that, even
though this Court gave a direction to the respondents to
consider the claim of the petitioner and accordingly to pay SPP
Grade-I and II Scales from the date of his acquiring requisite
qualification in the year 2005 and also revise the pension as per
his entitlement. He further submits that this Court specifically
directed that the exercise shall be completed within a period of
eight weeks. He submits that the respondents are duty bound
to implement the same by March 2023. But the respondents
neither implementing the orders of this Court nor responding to
the representations made by the petitioner. hence, the
respondents deliberately, wilfully disobeying the orders of this
court, which amounts to contempt. Hence, learned counsel
prayed to pass appropriate orders.
5. Per contra, learned Government Pleader appearing for
the respondents submits that in pursuance of the orders of this
Court dated 15.02.2023, the Superintending Engineer, W.R.
Department, Irrigation Circle, Visakhapatnam i.e.,. 3rd
respondent, has issued speaking orders, wherein it was
mentioned in para-12 and 15, reads as under:
"12. "The Hon'ble High Court of A.P., Amaravathi vide its
judgment in W.P (AT) No.373 of 2021 received on 15.02.2023,
"directed the respondents to consider the case of the petitioner
and accord and pay the SPP Grade I Scales from the date of his
acquiring requisite qualification in the year 2006 and also revise
his pension as per his entitlement. The entire exercise shall be
completed within a period of eight weeks from the date of receipt
of copy of this order."
15. In view of the above judgment i.e., the Hon'ble APAT,
Hyderabad in R.P.No.5819/89 vide judgment dated 19.10.1995
and W.P.(AT) No.373 of 2021 since Sri M.Sivaram Babu has
failed to acquire the requisite qualification within the stipulated
time or as per the Hon'ble APAT judgment order dated
19.10.1995 in R.P.No.5819/89 cited, it is not feasible to consider
the post of U.D Steno and consequently for Automatic
Advancement Scheme and its benefits. Therefore, his request
could not be considered as per Hon'ble Court judgment."
6. Learned Government Pleader while reiterating the
contents made in the above speaking order, submits that the
respondents have complied with the orders of this Court and
hence requests this Court the contempt case may be closed.
7. In view of the above, this Court observed that the
orders of this Court dated 15.02.2023 passed in W.P.(AT)
No.373 of 2021 has already been complied with by the
respondent authorities herein. Hence, no orders are required to
be passed in the present contempt case and the same is liable to
be closed.
8. Accordingly, the Contempt Case is closed. No order as
to costs. If at all any grievance, the petitioner is at liberty to
avail the remedy available to him under law.
9. As a sequel, all the pending miscellaneous applications
shall stand closed.
______________________________
DR. K. MANMADHA RAO, J.
Date : 6 -10-2023
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HON'BLE DR. JUSTICE K. MANMADHA RAO
CONTEMPT CASE No.3449 of 2023
Date : 6 .10.2022
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