IMPORTANT POINT
The absence of existing vacancies negated the claim of willful disobedience necessary for a contempt finding under the Contempt of Courts Act, 1971.

ORDER :

1. This Contempt Case has been filed complaining willful disobedience in implementing the interim order dated 17.03.2023 passed by this Court in I.A. No. 1 of 2022 in W.P. No. 19361 of 2022.

2. The Hon’ble High Court was pleased to pass the interim order in I.A. No. 1 of 2022 in W.P. No. 19361 of 2022 on 17.03.2023 as follows:

“.......Heard learned counsel for the Petitioners and learned Standing Counsel for APTRANSCO appearing for the 2nd Respondent.

Even after granting sufficient time for the respondents to file counter they failed to file the counter. Hence this court is inclined to pass an interim order.

Therefore having regard to the submissions made by learned counsel for the petitioners, there shall be an interim direction to the respondents to engage the petitioners as shift operators or in any posts or vacant posts in the respondent organization at Anantapur District in the existing vacancies, pending writ Petition......”

3. It is submitted that immediately after receipt of the copy of the interim order. The petitioners herein made a representation to the Respondents on 28.03.2023 to consider them as shift operators or any vacant post in the organization under Jurisdiction of District authorities in existing vacancies and to comply with the orders of the Hon’ble High Court granted in I.A. No. 1 of 2022 in W.P. No. 19361 of 2022, dated 17.03.2023. But, the Respondents are miserably failed to obey the orders of this Hon’ble High Court and wilfully, intentionally, disobeyed and deliberately violated the orders of this Hon’ble High Court, even after receipt of the Order of this Hon’ble High Court and failed to comply with the directions, thereby committed the Contempt. The attitude of the Respondents are in evasive and not implementing the same for the reasons best known to them.

4. Learned counsel for the petitioners submits that even after receipt of copy of the order of this Court, the Respondents neither appointed the petitioners against existing vacancies nor passed any speaking order by considering representation of the petitioners dated 28.03.2003. For the reasons known to the Respondents, had conveniently ignored the representation as well as order of this Court. Therefore, the Respondents herein are liable for punishment under the Contempt of Courts Act, 1971.

5. Sri Anup Koushik Karavadi, learned counsel for Respondent No. 4 filed a counter affidavit wherein it is stated that the Respondent No. 4 had filed an application vide I.A. No. 2 of 2023 in W.P. No. 19361 of 2022 seeking vacation of the interim order passed by this Hon’ble Court on 17.07.2023. It is further stated that the Respondents chose to contest the W.P. No. 19361 of 2022 on merits as it is believed that the Writ Petitioners in the said writ petition has no probable chances to succeed in the said writ petition.

6. It is argued that once vacate application is filed, contempt proceedings should not be insisted till disposal of vacate application, for which the learned counsel for Respondent No. 4 replied upon the ratio laid down by the Hon’ble Apex Court in State of Jammu and Kashmir vs. Mohd. Yaqoob and Others, (1992) 4 SCC 167 clearly held that whenever any stay vacation application has been filed for vacation of interim order, the proceedings of contempt should be deferred till disposal of such application. It is submitted that applying the said ratio to the present facts of the case, the captioned contempt may be closed against Respondent No. 4 for the sole reason of pendency of the Vacate Stay Application in the main writ petition. It is submitted that any action in the captioned contempt petition during the subsistence of the above mentioned Vacate Stay petition could cause irreparable damage to the Respondents as there is great probability of success for the Respondents in the Main Writ Petition.

7. It is further stated that the Interim Order granted in favour of the Petitioner in I.A. No. 1 of 2022 in the Main Writ Petition W.P. No. 19361 of 202