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2023 Supreme(AP) 834

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO, J.
Palla Sri Rama Sanjeeva Rao - Petitioner
Versus
K. Santhosha Rao - Respondent
Contempt Case No. 4737 of 2022
Decided On : 14-06-2023

Advocates Appeared:
For the Petitioner: G. Seena Kumar.
For the Respondent: Metta Chendra Sekhar Rao.

The main legal point established is the court's authority to enforce its orders and the consequences of willful disobedience, as governed by the Contempt of Courts Act.

Headnote:

Contempt of Court - Willful Disobedience - Contempt of Courts Act, Sections 10 to 12 - The court discussed the provisions of Contempt of Courts Act, Sections 10 to 12, and the orders passed in W.P.No.20923 of 2020 and WA No.692 of 2022. The key legal provisions discussed include the directions for appointment, seniority, pay fixation, and compliance with court orders.

Fact of the Case:

The petitioners filed a contempt case against the respondents for willful disobedience to the court's order dated 11.07.2022 in W.P.No.20923 of 2020. The respondents were directed to appoint the petitioners as Junior Linemen with consequential benefits. The respondents partially complied with the order, leading to the contempt case.

Finding of the Court:

The court found that the respondents had partially complied with the court's order, but the petitioners alleged intentional and deliberate delay and non-compliance, amounting to contempt of court.

Issues: The issues involved non-compliance with the court's order, intentional delay, and the petitioners' claim of contempt of court against the respondents.

Ratio Decidendi: The court decided to grant time to the respondents to implement the directions of the court, considering the submissions made by the Standing Counsel.

Final Decision: The Contempt Case was closed, granting time to the respondents to implement the court's directions. No order as to costs. Interlocutory applications, if any pending, shall stand closed.

ORDER :

This contempt case has been filed by the petitioners to punish the respondents under Sections 10 to 12 of Contempt of Courts Act for their willful disobedience to the order dated 11.07.2022 passed by this Court in W.P.No.20923 of 2020.

2. Heard Sri G. Seena Kumar, learned counsel appearing for the petitioners and Sri Metta Chandra Sekhar Rao, learned Standing Counsel and Sri Shreyas Reddy, learned Counsel appearing for the respondents/contemnors.

3. This Court vide order, dated 11.07.2022 in W.P.No.20923 of 2020, has disposed of the writ petition. The operative portion of the said order, reads as under :

    “Accordingly, the Writ Petition is disposed of. The respondents are directed to appoint the petitioners as Junior Linemen against the vacancies earmarked for BC(D) vacancies with all consequential benefits including seniority at par with other candidates appoint pursuant to selection pursuant to notification dated 07.06.2006/20.10.2006, within a period of eight (08) weeks from the date of receipt of a copy of this order.”

4. Counter affidavit has been filed by the respondent No.3 denying all the averments made in the petition and stated that, aggrieved by the above order dated 11.07.2022 in WP No.20923 of 2020, the APEPDCL preferred an appeal vide W.A.No.692 of 2022 before a Division Bench of this Court and the same was disposed of vide judgment dated 10.10.2022 and the operative portion of the said judgment reads as under :

    “…Having considered the entire fact situation of the case and considering the statement made in the memo filed on behalf of the writ petitioners, we are of the opinion that it would be appropriate to modify the order passed by the learned single Judge to the extent of consequential relief, by directing the respondent authorities to allow seniority to the writ petitioners from the date of which the last BC-D candidate – Menda Venkataramana was appointed and revise the pay notionally and release arrears of pay from the date of filing of notionally and release arrears of pay from the date of filing of W.P.No.2093 of 2020 i.e., 09.11.2020 till the date of their appointment.

With the above modification, the appeal is disposed of.”

It is further stated that after receipt of the above order, instructions were sought from the Corporate Office, Visakhapatnam and the same was received from Corporate Office vide Memo No.EPCOR-06003(06003(16)/1/2021-IR-T-3-COR/E-338965/I.No442090/2022, dated 24.11.2022 as follows :

    i. Re-examine and verify the eligibility of the petitioners Sri P. Sri Rama Sanjeeva Rao and Sri K. Atcha Rao with reference to their marks, ROR and terms and conditions of the CJLM Recruitment Notification 2006.

ii. Further approach the S.L.A./APEPDCL along with connected records and obtain legal opinion on the subject matter for the next course of action in respect of the High Court orders in WA No.692 of 2022.

It is further stated that in compliance of the orders in WA No.692 of 2022, allotment orders were issued to the writ petitioners for provisional selection in the batch of 2006-2007 Junior Linemen Recruitment to Operation Division Rajamahendravaram vide Lr.No.SE/O/RJY/EE-T/PO/JAO/ ADM/SA-2/D.No.1067/22, dated 26.11.2022. Accordingly, the Executive Engineer/Operation/ Rajahmundry issued appointment and Re-posting orders to the writ petitioner vide Memo No.EE/O/RMV/JAO/ADM/SA-1/D.No.1427/22, dated 26.11.2022, Memo No.EE/O/RMV/JAO/ADM/SA-1/ D.No.1328/22, dated 26.11.2022 and also the notional pay is fixed for Rs.39,410/- w.e.f. 09.11.2020 and with consequent increments pay is revised to Rs.40,675/- w.e.f. 01.10.2021 and Rs.41,940/- w.e.f. 01.10.2022. The gross arrears bill from 09.11.2020 to 28.11.2022 was arrived for Rs.12,87,600/- and after deductions of PT, SFMS, EPF, GIS an amount of Rs.1,59,109/- net amount was arrived Rs.11,28,493/- to each individuals vide Lr.No.EE/O/RMV/JAO/ADM/SA.1/ D.No.193/23, dated 14.2.2023. Accordingly, the said arrears of salary and allowances will be paid to the individual

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