Telangana High Court
U.Kalamma vs Smt. Ila Tripathi Ias on 1 May, 2025
THE HON'BLE SMT. JUSTICE T.MADHAVI DEVI
CONTEMPT CASE No.2558 of 2024
ORDER:
This Contempt Case is filed alleging willful and
deliberate disobedience of the directions of this Court in
W.P.No.112 of 2020, dated 02.04.2024 and to punish the
contemnors for the same under the Contempt of Courts Act
and to pass such other order or orders in the interest of
justice.
2. This Court, after considering the judicial
proceedings and the issue of the eligibility of the petitioners
for the minimum time scale of pay as well as the annual
grade increments, had directed the petitioners to make
representations to the authorities within a period of two
weeks from the date of receipt of a copy of the order and
thereafter directed the respondents to pass appropriate
orders thereon in the light of the judgments relied upon by
the learned counsel for the petitioners within a period of
four weeks therefrom. The respondent No.4 has passed a
speaking order dated 05.08.2024 rejecting the cases of the
petitioners by observing that the judgments of the Hon'ble
Supreme Court relied upon by the petitioners are not
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applicable to them as they are not working in a regular
sanctioned post as per cadre strength and so, they are not
entitled to the relief granted by this Court dated 02.04.2024.
3. This Court vide interim order dated 14.02.2025
had suo-moto impleaded the respondent No.4 and the
respondent No.4 has filed a counter affidavit reiterating the
stand taken by him in the speaking order dated 05.08.2024.
4. Learned counsel for the petitioners submitted
that the stand of the respondent No.4 is in clear violation of
the directions of this Court and the prayer of the petitioners
in the writ petition was to make the payment of the
minimum time scale of pay, whereas the respondent No.4
has considered the conditions required for regularization of
the services and has rejected their representation without
considering the judgments referred to by the petitioners in
proper perspective and without application of mind and
giving the very same reasons which have already been
considered by this Court.
5. Having regard to the rival contentions and the
material on record, this Court finds that in the speaking
order dated 05.08.2024, the respondent No.4 has
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considered the judgments and the conditions which are
required for regularization of services of the petitioners and
not the judgment of the Hon'ble Supreme Court in the case
of State of Punjab and Others Vs. Jagjit Singh and
Others, reported in (2017) 1 SCC 148, for payment of the
minimum time scale of pay. Therefore, the respondent No.4
has intentionally not referred to the judgments considered
by this Court in its order dated 02.04.2024 and has referred
to the conditions required for regularization of services for
rejecting the request of the petitioners and therefore, it is in
clear Contempt of the order of this Court. However, giving
the benefit of the doubt to the respondent No.4 about the
understanding of the order of this Court, this Court makes
it clear that the directions of this Court was to follow the
judgment of the Hon'ble Supreme Court in the case of Jagjit
Singh (cited supra) and to make the payment of the
minimum time scale of pay upon submission of their
representations. In the interest of justice, a further four (4)
weeks time is granted to the respondent No.4 to pass
appropriate orders of granting the minimum time scale of
pay to the petitioners and to file a compliance report, failing
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which, the respondent No.4 shall be liable for punishment
under the Contempt of Courts Act.
6. With above directions, the Contempt Case is
closed. There shall be no order as to costs.
7. Miscellaneous applications, if any pending, shall
also stand closed.
____________________________
JUSTICE T.MADHAVI DEVI
Date: 01.05.2025
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THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI
Date: 01.05.2025
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