Telangana High Court
Nune Srinivasulu vs Sri Sandeep Kumar Sultania on 9 August, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
CONTEMPT CASE No.2379 OF 2023
ORDER:
The Contempt Case is filed complaining violation of the
order of this Court dated 23.12.2022 passed in C.C.No.654 of
2020.
2. The operative portion of the order dated
23.12.2022 passed in C.C.No.654 of 2020 is extracted
herein under:
"3. Learned counsel on both sides represented
that C.C.No.654 of 2020 could be closed giving a direction
to the respondents to consider the case of the petitioners
herein for engaging them in appropriate post giving
preference to the fact that they have already worked as
MRCs.
4. Accordingly, the Contempt Case is closed. The
respondents are however, directed to consider the case of
the petitioners for engaging them in any suitable post
depending upon their qualification in the newly introduced
scheme, viz., 'Swachh Bharat Mission Scheme' as they
have already worked as MRCs and pass appropriate
orders, in accordance to law, expeditiously. However,
there shall be no order as to costs."
3. Counter affidavit has been filed on behalf of the
respondents and paragraph Nos.2 and 3 of the said
counter reads as under:
"2. In reply to the averments made in
Judgment of C.C.No.654 of 2020 Para 10 of the C.C., it is
respectfully submitted that the Swatch Bharath Mission is
merged with DRDA Department due to the Scheme of
NRDWP in Mission Bhagiratha Department is completed in
the year of 2016 and non availability of source to give the
preference for continuation of service to the concerned
petitioners.
3. In reply to the averments made in
paragraph No.11, 12 and 13 judgment of the C.C.No.654
of 2020, it is respectfully submitted that the District
Collector and Magistrate, Nagarkurnool vide Memo
No.D34/MRC's/DRDA/NGKL/2018, Dt.23-10-2023 stated
that "As per the directions of the Hon'ble High Court
Telangana State, Hyderabad in W.P.No.3426 of 2016 in
W.A.No.646 of 2019, W.A.No.920 of 2019 and contempt
case No.654 of 2020, presently there are no vacancies
available in the scheme, the request of the petitioners for
engaging in any suitable post will be considered based on
the future arising vacancies."
4. PERUSED THE RECORD.
5. The proceedings issued to the petitioner in
pursuance to the orders of this Court dated 23.12.2022
passed in C.C.No.654 of 2020 vide Memo
No.D34/MRC's/DSBMMC/DRDA/NGKL/2018 dated
23.10.2023 in particular, the relevant portion is
extracted herein under:
"Further it is informed to the petitioners, as
per the directions of the Hon'ble High Court,
Telangana State, Hyderabad in W.P.No.3426 of 2016
in W.A.No.646 of 2019, W.A.No.920 of 2019 and
contempt case No.654 of 2020, presently there are
no vacancies available in the scheme, the request of
the petitioners for engaging in any suitable post will
be considered based on the future arising vacancies."
6. Taking into consideration the averments made at
paragraph Nos.2 and 3 of the counter affidavit filed on behalf
of the respondents (referred to and extracted above) and the
contents of the proceedings vide Memo No.D34/MRC's/
DSBMMC/DRDA/NGKL/2018 dated 23.10.2023 issued by the
District Collector and Chairman, DRDA, Nagar Kurnool, to the
petitioner in pursuance to the orders of this Court dated
23.12.2022 passed in C.C.No.654 of 2020 (referred to and
extracted above), this Court is of the opinion that there is no
deliberate violation of the orders of this Court dated
23.12.2022 passed in C.C.No.654 of 2020.
7. Taking into consideration the facts and
circumstances of the case and duly taking note that
respondents would consider the request of the
petitioners for engaging them in any suitable post
based on the future arising vacancies, the present
Contempt Case is closed. However, there shall be no
order as to costs.
Miscellaneous petitions, if any, pending in this Contempt
Case, shall stand closed.
__________________________
MRS JUSTICE SUREPALLI NANDA
Date: 09.08.2024
LPD
