No willful disobedience of the court order found due to the completion of recruitment processes before compliance could occur.

ORDER:

Alleging willful disobedience of the order of this Court dated

11.09.2024 in W.P.No.22709 of 2024, and seeking to punish the contemnors/respondents, this Contempt Case has been filed.

2. Aggrieved by the medical examination report dated 30.07.2024, in pursuance of Notification No.19/2022 issued by the Public Service Commission, the petitioner had filed W.P.No.22709 of 2024, which was disposed of vide order dated 11.09.2024. The operative portion of the said order is extracted hereunder:

“5. Having regard to the submissions made by learned counsel for the respective parties and in view of the peculiar circumstances of the case, this Court is of the prima facie view that the very same Medical Board i.e., Sarojini Devi Eye Hospital, Mehdipatnam, has issued two different medical certificates, one in April 2024 for the post of Assistant Executive Engineer vide Notification No.12/2022 dated 03.09.2022, and another certificate in July 2024 in relation to Group-IV services vide Notification No.19/2022 dated 01.12.2022, certifying the petitioner’s disability as 30% and 40% respectively. Therefore, this Court deems it fit and appropriate to permit the petitioner to file an appeal before the respondents in terms of G.O.Ms.No.31 Women Development, Child Welfare & Disabled Welfare Department, dated 01.12.2009 within in a period of one (1) week from the date of receipt of a copy of this order. Upon receipt of the same, the respondents are directed to refer the case of the petitioner to respondent No.3-Medical Board, as per Rules, in order to re-assess the percentage of visual disability of the petitioner and furnish its report to respondent No.1. On receipt of the same, respondent No.1 is directed to take appropriate decision, strictly in accordance with law, as expeditiously as possible. Till then, in order to protect the interest of the petitioner, the respondents shall reserve one post of Assistant Executive Engineer pursuant to Notification No.12/2022 dated 03.09.2022 under the Visually Handicapped category, if still available.”

3. Heard Smt. N.V.R. Rajya Lakshmi, learned counsel appearing for the petitioner and Sri P.S. Raja Sekhar, learned Standing Counsel for Telangana State Public Service Commission, on behalf of the respondents.

4. Learned counsel for the petitioner submits that the order of this Court was dispatched on 21.09.2024, and obtaining a copy of the same, the petitioner approached respondent Nos.1 and 2 and filed an appeal on 24.09.2024, duly enclosing a copy of the order of this Court dated 11.09.2024. However, since the petitioner did not receive any information, he approached the respondents on 09.10.2024, to know the status of his case but it was informed by respondent No.1 that there was no direction to implement. Although respondent No.1 has received a copy of the appeal and also acknowledged the same, so far, no action has been taken thereon. It was further submitted that after notices were ordered by this Court on 20.12.2024, the petitioner received a phone call from respondent No.3 on 31.12.2024, instructing to attend for medical examination on 02.01.2025, which the petitioner underwent successfully. Thereafter, while the petitioner was waiting for the result, to his surprise, respondent No.1 sent a letter vide Memo.No.542/RP-2/AEE/2022 dated 09.01.2025, stating that the entire recruitment for the post of AEE is closed, and that the candidates present disability cannot be considered for a closed recruitment. However, this Court, vide order dated 11.09.2024 in W.P.No.22709 of 2024, specifically directed the respondents to reserve one post to protect the interest of the petitioner. The respondents are well aware of the order of this Court, yet, issue