1988 Supreme(AP) 286
Andhra Pradesh High Court
Judges : K.JAYACHANDRA REDDY, PANDURANGA RAO, SARDAR ALI KHAN
ANDHRA PROVINCIAL VILLAGE OFFICERS ASSOCIATION, Tadepalligudem - Appellant
Versus
N.T.Ramarao and Ors. - Respondent
Decided On : 07-01-88
Directions given by the Supreme Court in a previous case regarding the absorption of erstwhile Part-time Village Officers had to be understood in the context of the judgment rendered in that case, where the Court had noted that only one-eighth of the number of posts of Part-time Village Officers which were abolished were going to be created.
Headnote:
CONTEMPT OF COURT - VILLAGE OFFICERS - APPOINTMENT - DIRECTIONS OF SUPREME COURT - IMPLEMENTATION - G.O. MS. NO. 789, DATED 18-8-1987 - DISCHARGE OF CONTEMPT PETITION - NO FLOTING OF DIRECTIONS - CONTEMPT CASE DISMISSED.
Fact of the Case:
The petitioners, representing various associations of village officers, filed a contempt petition alleging that the respondents, including the Chief Minister, Revenue Secretary, and Commissioner of Land Revenue, flouted the orders of a Full Bench of the High Court, which directed the respondents to comply with the directions of the Supreme Court in a previous case.
Finding of the Court:
The High Court found that the respondents had meticulously carried out the directions of the Supreme Court and that there was no scope for complaint that the directions had not been followed. The Court noted that the Supreme Court had directed the absorption of all erstwhile Part-time Village Officers who had not attained the age of 58 years and possessed the minimum educational qualification and were otherwise suitable for appointment, irrespective of their age.
Issues: Whether the respondents flouted the directions of the Full Bench of the High Court, which directed them to comply with the directions of the Supreme Court in a previous case.
Ratio Decidendi: The High Court held that the directions of the Supreme Court had to be understood in the context of the judgment rendered in a previous case, where the Court had noted that only one-eighth of the number of posts of Part-time Village Officers which were abolished were going to be created. The Court found that the Government had created 4800 posts after assessing the actual need to carry on the village administration and that the directions given by the Supreme Court had been implemented.
Final Decision: The contempt case was dismissed as the Court found that the respondents had not flouted the directions of the Full Bench of the High Court and that the directions of the Supreme Court had been implemented.
( 1 ) THIS is a petition filed under Sections 10 to 12 of the Contempt of Courts Act by the Andhra Provincial Village Officers Association, represented by its Secretary, the Rayalaseema Village Officers Association represented by its Secretary and Andhra Pradesh Qualified Village Officers Association, represented by its President. The prayer in this petition is to summon the respondents, viz. , Sri N. T. Rama Rao, the Chief Minister, the Revenue Secretary to the Government of Andhra Pradesh and the Commissioner of Land Revenue, Andhra Pradesh, and punish them for contempt of Court as they flouted the orders of a Full Bench of this Court, dated 27-11-1987 in Writ Petition No. 15280 of 1987 : (reported in AIR 1988 Andh Pra 180) and batch. The Full Bench allowed those writ petitions and directed the respondents "to comply with the direction in the order of the Supreme Court dated 8-5-1987 : (reported in AIR 1987 SC 1467) within 4 weeks from today". It is alleged in this petition that the respondents have flouted this order.
( 2 ) AT the stage of admission, we heard the learned Advocate General also. The learned counsel for the petitioners and the learned Advocate General have addressed elaborate arguments. We also directed the learned Advocate General to file a counter, and it is accordingly filed.
( 3 ) THE main thrust of the arguments of the learned Advocate General is that the orders of the High Court directing the respondents "to comply with the direction in the order of the Supreme Court dated 8-5-1987" have been carried out meticulously by the respondents and that a perusal of the orders of the Supreme Court in the main case and in some of the subsequent connected proceedings would make it clear that there is no scope whatsoever to complain that the directions given by the Supreme Court have not been carried out.
( 4 ) TO appreciate the arguments advanced by both sides, it becomes absolutely necessary to know what exactly are the directions given by the Supreme Court on 8-5-1987 and in what context. On 6-1-1984 the Posts of Part-time Village Officers in Andhra Pradesh were abolished by an Ordinance (No. 1 of 1984 ). The Ordinance was replaced by the Andhra Pradesh Abolition of Posts of Village Officers Act (Act 8 of 1985 ). The Ordinance and the Act were challenged in this Court and in the Supreme Court. The Supreme Court by judgment dated 27-3-1985 in T. Venkata Reddy v. State of Andhra Pradesh, AIR 1985 SC 724, upheld the constitutional validity of the provisions of the Act, Thereafter the Government, in exercise of the powers under Sub-section (5) of Section 4 of the said Act, issued G. O. Ms. No. 1048, dated 11-9-1985 sanctioning 4800 posts of Village Assistants in the Revenue Department for a period of one year from the date of appointment. By another G. O. Ms. No. 1056, Revenue (H) Department dated 129-1985 ad hoc rules were framed for making those appointments. The Commissioner of Land Revenue issued notification dated 25-10-1985 inviting applications to a competitive examination of S. S. C. standard to be conducted on 25-2-1986. Writ Petition No. 5786 of 1985 and batch were filed in this Court for directing the Government to act upon the undertaking given by the Government before the Supreme Court in T. Venkata Reddys case. AIR 1985 SC 724 (supra) and to fill up the posts of Village Assistant by educationally qualified persons having Matriculation or its equivalent, allowing such of those Village Officers who had not attained the age of superannuation to continue in service till they attained the age of 58 years. By judgment dated 4-2-1986, a Division Bench of this Court disposed of the writ petitions granting substantial relief. The Division Bench upheld the right of the writ petitioners to have the posts of Village Assistants to be absorbed by the erstwhile Part-time Village Officers who had the educational and age qualifications and who were found physically fit and who had not incurred any