IMPORTANT POINT
Action of authorities based on certain perception of a judgment is not contumacious.

JUDGMENT

RANJAN GOGOI, J. –

1. Leave granted.

2. This appeal is against the order dated 26.03.2007 passed by the High Court of Karnataka in a contempt proceeding registered as CCC No. 669 of 2006. By the aforesaid order, the High Court, after holding the appellants, prima facie, guilty of commission of contempt has granted them two weeks time to comply with the order in respect of which disobedience has been alleged failing which the matter was directed to be posted for framing of charge. Aggrieved, the appellants have filed the present appeal.

3. It may be necessary to briefly outline the relevant facts on the basis of which the allegations of commission of contempt have been made and the conclusions, indicated above, have been reached by the High Court.

445 daily rated employees of the State serving in different departments, including the 74 respondents herein, had instituted W.P. Nos. 39117-176/1999 claiming regularization of service. By order dated 15.12.1999, the High Court following an earlier order dated 10.9.1999 passed in similar writ petitions i.e. W.P. Nos. 33541-571/98 etc. had granted the relief(s) claimed by the writ petitioners-respondents. The aforesaid order dated 15.12.1999 of the learned Single Judge was affirmed by order dated 24.01.2001 passed in the writ appeals filed by the State. The petitions filed by the State seeking special leave to appeal against the order dated 24.01.2001 were dismissed by this Court on 22.07.2005. Two significant facts need to be noted at this stage. Firstly, that the order dated 10.09.1999 passed in writ petition Nos. 33541-571/1998 which was followed by the High Court while deciding the writ petitions (Writ Petition Nos. 39117-176/1999) filed by the respondents had been implemented by the State Government by granting regularization to the petitioners therein. The second significant fact that would require to be noticed is that following the dismissal of the special leave petitions filed by the State by order dated 22.07.2005, a Scheme dated 29.12.2005 was framed by the State Government to implement the order dated 15.12.1999 passed in the writ petitions (W.P. Nos. 39117-176/1999). 161 persons who had filed contempt proceedings for non-compliance of the order dated 15.12.1999 were regularized on 29.12.2005. Thereafter, on 8.3.2006, 64 other persons, who were similarly placed to the aforesaid 161 persons as well as to the present 74 respondents, were also regularized. Such regularization was made without the concerned persons having to initiate any contempt proceeding. The cases of the other petitioners in W.P. Nos.39117-76/1999 were, however, not considered.

4. Consequently, 129 employees, including the 74 respondents herein whose case were not being considered by the State instituted another contempt proceeding being CCC No.67/2006. By Government Order dated 18.04.2006, 55 out of the aforesaid 129 employees were regularized while the claim of the remaining 74 employees (respondents herein) were not responded to. Accordingly, the Contempt Petition (CCC No. 67/2006) was heard and closed by the High Court by its order dated 20.06.2006 granting the respondents “eight weeks’ time to pass appropriate orders in accordance with law on the claim made by the complainants for regularization of their services in the office of the respondent authorities ……” As no action was initiated pursuant to the aforesaid order of the High Court, the present contempt petition i.e. CCC No. 669/2006 was lodged by the 74 respondents. During the pendency of the aforesaid contempt petition the claim of regularization of respondents was rejected by specific orders passed on the ground that the claimants do not fulfill the conditions for regularization as laid down by this Court in Secretary, State of Karnataka and Others vs. Umadevi (3) and Others[(2006) 4 SCC 1]. Some of the said orders/endorsements were illustratively brought on record which demonstrate that the stand of the authorities with regard to the 74 res