JUDGMENT :

BATTU DEVANAND, J.

1. This Contempt Case has been filed complaining willful disobedience in implementing the Order dated 05.03.2020 passed by this Court in W.P. No. 4703 of 2016.

2. Heard Sri Ch. Dhanamjaya, learned counsel for the petitioner, and Sri K.V. Raghuveer, learned counsel for the respondents and perused the material available on record.

3. The petitioner is working as Part Time Junior Lecturer in Veeravasaram Village and Mandal, West Godavari District. He filed W.P. No. 4703 of 2016 against the action of the respondents in not regularizing his services.

4. This Court disposed of the said W.P. No. 4703 of 2016 on 05.03.2020, directing the respondents to regularize the services of the petitioner and held as follows:

“In this case also, the undisputed fact is that the petitioner is working since 31.07.1993 continuously without any break and he has put in ten years of service by 10.04.2006 not under any interim order of the Court or the Tribunal. Hence, the petitioner would be entitled for regularization of his services as prayed for.”

5. Learned counsel for the petitioner submits that pursuant to the Orders passed by this Hon’ble Court on 05.03.2020, the petitioner submitted several representations to the respondents seeking regularization of his services. But, the respondents neither passed any orders nor complied with the Orders of this Court in true spirit. Learned counsel submits that the respondent is deliberately flouting the orders of this Court on one pretext or the other. The failure on the part of the respondent in implementing the orders of this Court would amount to disobedience of the orders of this Hon’ble Court and, therefore, he is liable for punishment under Sections 10 to 12 of the Contempt of Courts Act. Complaining the same, the petitioner filed the present Contempt Case.

6. The Respondent No. 1-Special Commissioner of Intermediate Education filed counter affidavit on 02.09.2021 stating that, against the order of learned single Judge in W.P. No. 4703 of 2016 dated 05.03.2020, the respondents filed an appeal before the Division Bench in W.A. No. 489 of 2021 and the same was dismissed on 07.10.2021. Thereafter, the respondents preferred review I.A. No. 1 of 2022 in W.A. No. 489 of 2021 and the same is pending for adjudication.

7. Respondent No. 1 filed an affidavit on 01.04.2022 and submits that, the Government accorded permission to regularize the services of the petitioner. Accordingly, Respondent No. 1 communicated the said permission to the Regional Joint Director, Rajamundry and the Regional Joint Director, Intermediate Education Rajamundry has issued regularization orders to the petitioner vide Proceedings Rc. No. 79/A2/2022 dated 30.03.2022. Respondent No. 1 submits that, due to filing of Writ Appeal and Review Petition, delay has occurred in complying the orders of the Court in W.P. No. 4703 of 2016 dated 05.03.2020, as such, the delay caused is not willful, intentional, deliberate and requested to close the contempt case.

8. The Respondent No. 2-Principal Secretary to Government filed counter affidavit on 02.09.2021 stating that, the Government has issued G.O.Ms. No. 328 Education Department dated 15.10.1997 regularizing the services of Part-Time Junior Lecturers who have put in service of 360 days in 3 academic years as on 30.04.1991 or who have put in 600 days in 5 academic years as on 25.11.1993, adding another condition that the individuals must be continuing in service on 30.04.1991 or 25.11.1993, are eligible for regularization. The respondent submits that, the petitioner was working since 31.07.1993, as such he had completed 3 months and 25 days i.e. 116 days of service as on 25.11.1993, as such, he is not entitled to be regularized in terms of the said G.O. The request of the petitioner for regularization of his services has been rejected by the respondent vide Memo No. 14371/IE/A2/2014 dated 28.04.2015.

9. Respondent No. 2 submits that, the Hon’ble Supreme Court of India in State of