Willful disobedience of an interim Court order by authorities, despite providing excuses regarding administrative staffing patterns or lack of sanctioned posts, renders the officials liable for contempt under the Contempt of Courts Act, 1971, especially when judicial mandates confirm long-standing employment status.

ORDER :

VENKATESWARLU NIMMAGADDA, J.

1. This Contempt Case has been filed complaining the willful disobedience in implementing the interim orders dated 26.12.2022 passed by this Court in W.P.No.41665 of 2022.

2. The petitioner filed W.P.No.41665 of 2022 to declare the impugned notice vide proceedings No.RC.No.A1/241/TRICOR/2022-23, dated 15.12.2022 issued by the Respondent No.4 therein dispensing with the services of the petitioner from 16.12.2022 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and amounts to circumventing the orders of this Hon’ble High Court in W.P.No.8859/2015 and consequently to direct the respondents to continue the petitioner as Sweeper-cum-Attender in 4^th respondent corporation by setting aside the notice vide proceedings No. .RC.No.A1/241/TRICOR/2022-23, dated 15.12.2022 and this Hon’ble Court on 26.12.2022 passed the following order:

“Heard both sides.

For the reasons stated in the accompanying affidavit filed in support of the application and having regard to the submission made by learned counsel for the petitioner, there shall be an interim direction to the respondents to continue the petitioner as Sweeper-cum-Attendar in the 4^th respondent Corporation forthwith by suspending the Notice vide Proceedings No.RC.No.A1/241/TRICOR/2022-23, dated 15.12.2022, issued by the 4^th respondent, for a period of four (04) weeks.”

3. Learned counsel for the petitioner submits that even though this Hon’ble Court specifically directed to continue the services of the petitioner by suspending the impugned proceedings under which dispensing with the services of the petitioner dated 15.12.2022. Even after suspension of proceedings, for one reason or the other, the petitioner did not allow to continue her services and also not allowed to affix the biometric on any day and not paid any salaries thereafter. Therefore, the respondents deliberately, intentionally flouted the orders of this Hon’ble Court and they are liable for punishment under Sections 10 and 12 of the Contempt of Courts Act, 1971 (for short “the Act, 1971”). He further submits that on 14.1.2022 the 4^th respondent herein issued proceedings fixing the minimum Time Scale pay as assigned to the Last Grade Services and Revised Pay Scales, 2015 apart from all other benefits i.e., DA, HRA and CCA by considering the petitioner as full time contingent employee. Even though on 14.11.2022 itself conferred the minimum Time Scale and allowances as entitled by the petitioner but the very next month i.e., 15.12.2022 with an intention to circumvent the orders of this Court issued proceedings by dispensing with the services of the petitioner permanently is contrary to law and certainly it is an Act of afterthought with malice intention. Therefore, the respondents are liable for punishment under Sections 10 and 12 of the Act, 1971.

4. Respondent No.1 filed counter contending as under:

“4. It is submitted that the Respondent Corporation is a registered Cooperative society under the provisions of AP Cooperative Societies Act, 1964 and as per Section 116C(1), the respondent Corporation shall have power to fix the staffing pattern, qualifications, pay scales and other allowances for its employees with the prior approval of the Registrar of Cooperative Societies. it is submitted that, the staff structure of Respondent Corporation is revised by the Committee of Persons and the same is agreed by the Registrar of Cooperative Societies vide Rc. No.3090/2017/Legal dt. 25.9.2017, accordingly to which there is no post like Sweeper in the respondent corporation.

7. It is submitted that in compliance to orders dt. 7.7.2022 of Division Bench, the petitioner is already paid with remuneration payable till her last date of working i.e., 15.12.2022 @ Rs.7,98,449/- on 14.11.2022 and @ Rs. 70,620/-on 15.12.2022 by the 4th Respondent.

8. It is further submitted that there is no separate office to maintain functions of respondent Corporation and address of office is on