The central legal point established in the judgment is that the delay in implementing a court order may not constitute willful contempt if it is due to valid reasons such as the pendency of related legal proceedings.

JUDGMENT

Battu Devanand, J. - This Contempt Case has been filed complaining willful disobedience in implementing the Order dated 28.09.2019 passed by this Court in W.P.No.13803 of 2019.

2. Heard learned counsel for the petitioners, and the learned counsel appearing for the respondents and perused the material available on record.

3. The petitioners herein filed W.P.No.13803 of 2019 before this Court to declare the entire action of the respondents in not releasing periodical increments and other allowances to the petitioners like similarly situated persons in spite of the directions from the Hon'ble AP Administrative Tribunal in O.A.No.9089 of 2012, dated 21.11.2012 on the sole ground that the petitioners have not filed contempt application like others for non implementation of above orders and the period of limitation is over, while granting periodical increments like similarly situated person by duly implementing the Court orders on the ground that said individuals filed contempt applications is as highly illegal, arbitrary, unjust, improper and consequently direct the respondent to release the annual grade increments and other allied benefits to the petitioners by duly implementing the orders of the Hon'ble A.P. Administrative Tribunal in O.A.No.9089 of 2012, dated 21.11.2012 like similarly situated persons.

4. This Court, while disposing of the said Writ Petition, passed the following Order on 28-09-2019:

'Hence, in view of the above, this Court deems it fit to direct the respondents to release the increments, HRA, and CCA and also revised pay scales along with arrears of pay in favour of the petitioners within a period of Eight weeks from the date of receipt of a copy of this Order'.

5. Learned counsel for the petitioner submits that after receipt of the copy of the Order in W.P.No.13802 of 2019, they made representations to the respondents to consider their case before Eight weeks. Till now, i.e., even after lapse of 11 months, the respondents did not take any action as per the Orders of this Court. It seems, the respondents have no intention to implement the orders of this Court and they are deliberately flouting the orders of this Court on one pretext or the other. The failure on the part of the respondents in implementing the orders of this Court would amount to disobedience of the orders of this Hon'ble Court and, therefore, they are liable for punishment under Sections of 10 to 12 of the Contempt of Courts Act. Complaining the same, the petitioners have filed the present Contempt Case.

6. Initially respondent Nos.2, 4 and 5 filed their separate Counter Affidavits. Soon after filing the Counter Affidavits by the respondent Nos. 2,4 and 5, the respondent No.1/Principal Secretary, Panchayat Raj and Rural Development, filed Counter Affidavit contending that after passing Orders by this Court, the Government issued directions to the Engineer-in-chief, RWS & S to implement the orders of this Court dated 28.09.2019 vide Memo No.1015017/Estt.II/ 2021, dated 07.04.2022, treating it as a special case, subject to outcome of the Orders in SLP © No.13813 of 2018 and batch. Thereafter, the Engineer in Chief has issued orders to the concerned authorities to implement the Orders of the Court with immediate effect and thereafter the concerned authorities have issued proceedings releasing the increments, HRA, CCA and revised pay scales with arrears to the petitioners. Therefore, the orders passed by this Court in W.P.No.13803 of 2019, dated 28.09.2019, has been complied with in true spirit and all the benefits as directed by this Court are released in favour of the petitioners.

7. All the respondents in their counter affidavits contend that there is some delay in implementing the Orders due to filing of SLPs by the Engineer in Chief, RWS & S before the Hon'ble Apex Court on the similar cases filed by certain employees working in RWS & S Department and as such there is considerable time lapse in implementation of the orders of this Hon'ble Cou