An amendment to a notification and corrigendum issued in violation of a court order is contempt of court.

JUDGMENT

1. Heard learned counsel for the petitioners and learned counsel for respondents and perused the material available on record.

2. Having regard to the facts and circumstances of the case, considering the submissions made by both counsel and upon perusing the material available, the following facts emerged for consideration:

(i) The Department of Horticulture, Government of Andhra Pradesh issued notification No.01/Horti/2020, dated 10.01.2020 for recruitment to the post Village Horticulture Assistants (1783 posts);

(ii) Corrigendum to notification No.01/Horti/2020, dated 10.01.2020 was issued on 30.01.2020 with regard to the educational qualifications mentioned at para No.3 of the notification;

(iii) Amendment, dated 15.09.2020 was issued to the notification, dated 10.01.2020 and corrigendum, dated 30.01.2020;

(iv) Notification, dated 10.01.2020 was issued in terms of G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019 in which a onetime relaxation was given with regard to pre requirement of framing/amendment service rules before issue of recruitment notification is given due to urgency;

(v) The Government has issued the service rules for the post of Village Horticulture Assistant vide G.O.Ms.No.64, Agriculture and Cooperation (H&S) Department, dated 19.06.2020;

(vi) Government vide Memo No.AGC01-Hort/97/2020-HS of Agriculture and Cooperation (H&S) Department, dated 14.09.2020 issued orders permitting the Commissioner of Horticulture to withdraw the Corrigendum, dated 30.01.2020 issued to the notification, dated 10.01.2020;

(vii) In compliance to the instructions issued in Memo, dated 14.09.2020, the Commissioner, Panchayat Raj and Rural Development was requested to withdraw the Corrigendum issued on 30.01.2020 to the notification, dated 10.01.2020 vide letter, dated 15.09.2020 of the Commissioner of Horticulture;

(viii) The Commissioner, Panchayat Raj and Rural Development has withdrawn the Corrigendum, dated 30.01.2020 to the notification, dated 10.01.2020 and posted the same on 17.09.2020 in web portal gramasachivalayam.ap.gov.in;

(ix) The petitioners filed Writ Petition No.17441 of 2020 against the amendment, dated 15.09.2020 to the notification, dated 10.01.2020 and Corrigendum, dated 30.01.2020;

(x) On 28.09.2020 in I.A.No.1 of 2020, this Court ordered interim suspension of the impugned amendment, dated 15.09.2020 issued by the 3rd respondent to the notification No.01/Horti/2020, dated 10.01.2020 and Corrigendum, dated 30.01.2020, pending disposal of the writ petition; and

(xi) On 05.03.2021 in I.A.No.2 of 2020, the interim order, dated 28.09.2020 in I.A.No.1 of 2020 is made absolute.

3. The learned counsel appearing for the respondents contends that there is no intentional or deliberate violation by the respondents in implementing the interim order, dated 28.09.2020 passed by this Court in I.A.No.1 of 2020. It is also contended that in view of the clarification given by this Court in its order, dated 05.03.2021 in I.A.No.2 of 2020 while the interim order, dated 28.09.2020 was made absolute, there is no any violation of the orders of this Court. It is also submitted by the learned counsel for the respondents that the Government issued G.O.Ms.No.64, Agriculture and Cooperation (H&S) Department, dated 19.06.2020 making amendments to the Andhra Pradesh Horticulture Subordinate Service Rules, 2005. The petitioners without challenging the service Rules issued vide G.O.Ms.No.64, dated 19.06.2020, which are intact, filed writ petition challenging the amendment made to the notification and corrigendum, which is not sustainable.

4. The findings of the Court:

(1) The notification, dated 10.01.2020 was issued in terms of Sub Clause IX of Clause 14 of G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019 in which a onetime relaxation granted by the Government.

(2) Amendments to the Andhra Pradesh Horticulture Subordinate Service Rules was issued vide G.O.Ms.