Telangana High Court
Syed Zameeruddin vs Sri. Karnati Varun Reddy on 21 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
CONTEMPT CASE No.578 OF 2024
ORDER:
Heard Ms. R.Madhavi Latha, learned counsel
appearing on behalf of petitioner and Ms. K.Udaya Sri,
learned counsel appearing on behalf of respondents and
perused the record.
2. The present Contempt Case is filed complaining violation of
the order of this Court dated 25.04.2023 passed in W.P.No.4643
of 2014.
3. The relevant portion of the order dated 25.04.2023
passed in W.P.No.4643 of 2014 reads as under:
"Taking into consideration the above referred facts
and circumstances and in the light of the observations
of the Apex Court in various judgments referred to
and discussed above, the writ petition is allowed duly
setting aside the Memo No.
DEE/OP/WGL/JAO/Adm/SAI/D.No.1752, dated
06.01.2014 of the 3 rd respondent and the
respondents are directed to reconsider the case of the
petitioner for regularization of the services of the
petitioner in any suitable post by granting regular
scale of pay attached to the said post duly taking into
consideration the fact that the petitioner had been
serving the respondent organisation continuously since
2001 till as on date duly considering the law laid down
by the Apex Court in various judgments (referred to
and extracted above) as was extended to the
petitioner in W.P.No.11696 of 2004 by the
respondents herein vide orders of the High Court
dated 17.08.2010 and pass appropriate orders in
accordance to law within a period of two months from
the date of receipt of the copy of the order and duly
communicate the decision to the petitioner. However,
there shall be no order as to costs."
4. Learned counsel appearing on behalf of the petitioner
brought to the notice of this Court that order of this Court dated
25.04.2023 passed in W.P.No.4643 of 2014 has been confirmed
by a Division Bench of this Court vide Judgment dated
07.08.2023 passed in Writ Appeal vide W.A.No.769 of 2023.
5. Learned counsel appearing on behalf of respondents places
reliance upon the averments of the counter affidavit and submits
that the order of this Court dated 25.04.2023 passed in
W.P.No.4643 of 2014 had been complied with and proceedings
vide Memo No.DEE/OP/WGL/JAO(Adm)/S.A.1/D.No.801/23
dated 17.01.2024 had been issued to the petitioner and the
petitioner had been engaged as Artisan on 'as-is-where-is-basis'
which is permanent post and in fact which is Grade-II Post.
Paragraph No.7 of the Counter-Affidavit filed by the
respondent No.2, reads as under:
"7. It is submitted that all the Artisans who
were absorbed as such, are governed by the
Industrial Employment Standing Orders, as
certified by the Certified Authority under the
Industrial Employment Standing Orders Act,
1946. The said post of Artisan is a regular post in
the organization. Thus, the Petitioner's services
are engaged in a suitable post keeping in view the
nature of duties, he performed earlier in terms of
observations of this Hon'ble Court in W.P. No.
4643 of 2014. Further, the Division Bench of this
Hon'ble Court in Para No. 8 of the Judgment
clarified that this Hon'ble Court did not direct to
create a post and in fact the appellants are
continuing the respondent in pursuance to the
orders passed by the Tribunal. This Hon'ble Court
in W.P. No. 4643 of 2014 at Para No. 22 also
categorically observed that the Respondents may
be directed to reconsider the case of the
Petitioner for regularization of his services in any
suitable post by granting regular scale of pay
attached to the said post. Keeping in view those
observations in the said Judgment only, the
Petitioner was absorbed as Artisan Grade-II in the
time scale of pay of Rs.15735-29015. He was kept
in service as is where is basis, so as not to
dislocate him. As per the scheme of the
absorption also, the persons who are appointed
as Artisans were to be continued in the positions
which they were holding prior to their absorption.
Thus, the orders of this Hon'ble Court have been
complied with."
6. Learned counsel appearing on behalf of petitioner
submits that the order of this Court dated 25.04.2023
passed in W.P.No.4643 of 2014 has not been complied
with in its true spirit and petitioner had not been
absorbed into a permanent post.
7. This Court opines that the dispute put forth by the
learned counsel appearing on behalf of petitioner cannot
be gone into under the contempt jurisdiction and taking
into consideration the submissions made by both the
learned counsel on record, duly considering the
averments made by respondents in paragraph No.7 of the
counter-affidavit (referred to extracted above), this Court
opines that there is no deliberate violation of the order of
this Court dated 25.04.2023 passed in W.P.No.4643 of
2014, and accordingly, the contempt case filed by the
petitioner is closed, giving liberty to the petitioner to
challenge the proceedings dated 17.01.2024 issued to the
petitioner before appropriate forum. However, there shall
be no order as to costs. Petitioner is given liberty to
pursue his remedies as available under the law.
As a sequel, miscellaneous petitions, if any, pending in this
matter, shall stand closed.
___________________________
MRS JUSTICE SUREPALLI NANDA
Date: 21-JUN-2024
KHRM
