The court upheld the decision of lower courts regarding compliance with orders for promotion panels and clarified that disputes over such panels do not constitute contempt.

JUDGMENT

M. JOTHIRAMAN, J.

The writ petitioner is the appellant herein and he filed this appeal to set aside the order of the Contempt Court dated 29.11.2024 closing the contempt petitions in Cont.P. Nos.2851 & 3026 of 2024. Originally the appellant herein, namely S.Sathyanarayanan and one N.Vijayakumar have filed writ petitions in W.P.Nos.7638 and 7641 of 2021 along with other writ petitions filed by similarly placed persons, seeking to quash the impugned orders in G.O.Ms.No.253, Agriculture (AA3) Department dated 06.09.2016, G.O.Ms.No.257, Agriculture (AA3) Department dated 17.10.2017 and G.O. (2D).No.191, Agriculture (AA3) Department dated 18.11.2020 and consequently direct the respondents to prepare the panel for Assistant Engineers fit for promotion as Assistant Executive Engineers for the years 2011-12 to 2014-15 and consider the petitioner for inclusion therein. Upon hearing either side, the Writ Court, vide common order dated 25.03.2024, has passed the following order and the relevant paragraphs are extracted hereunder:

“4. When the matter was taken up today, the learned Additional Government Pleader for the respondents submitted that the Government has issued a Government Order in G.O.Ms.No.25, Agriculture-Farmers Welfare (AA3) Department dated 08.02.2024 in which, the petitioners' position was worked out as against each and every year and the promotional panel has also been issued accordingly.

5. It is seen from the above Government Order that for some of the years the estimated vacancies were nil. But now 25 vacancies estimated for the year 2011-12, 13 vacancies for the year 2012-13 and three vacancies for the year 2013-14. Among the petitioners, some of the petitioners have been included in the panels which have been prepared with retrospective effect as against the respective panel year. However, in respect of the year 2013-14 and 2014-15, the Government has worked out nil vacancies but the petitioners continued to claim that in view of the retirement of certain officers during the relevant years, there were vacancies in those years as well. But they have not been included in the present Government Order also. In such case, the petitioners can make a representation to the respondents to re- consider the vacancy position and issue revised Government Order, if the vacancies are actually found in the respective years

6. As against those persons who have been included in the earlier years, they are entitled to get the notional effect for their promotion from the year in which they have been included in the panel, however with the monetary benefit from the date on which they assumed charge in the said post.

7. Hence the respondents are directed to issue orders for giving notional effect for those persons whose names have been included in the panels of the earlier years and revise their retirement benefits-cum- pensionary benefits accordingly and disburse the same within a period of six weeks from the date of receipt of a copy of this order.

8. It is needless to state that if petitioners are still aggrieved that some of their names have not been included in the promotion panel particular year despite there were vacancies, they can give fresh representations to the respondents with the facts substantiating their claim within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents are directed to consider and pass orders within a period of four weeks from the date of receipt of those representations.

9. With the above directions, these Writ Petitions are disposed. No costs. Consequently, connected miscellaneous petitions are closed.”

2. Alleging non-compliance of the aforesaid order dated 25.03.2024, the appellant / Sathyanarayanan and the said N.Vijayakumar had filed Cont.P.Nos.2851 and 3026 of 2024. On 04.11.2024, the contempt Court has passed the following order:

“2. The learned Additional Advocate General appeari