THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI CONTEMPT CASE No.1638 OF 2024

ORDER

Alleging willful and deliberate disobedience of the orders of this Court dated 31.08.2023 in W.P.No.24221 of 2023, this Contempt Case is filed. Subsequently, vide I.A.No.1 of 2025, respondent No.2 is also impleaded in the writ petition.

2. Heard the learned counsel for the petitioner.

3. Brief facts are that the petitioner was appointed as an Attender on contract basis vide proceedings dated 21.04.2006 and though several other contract employees were regularized, his case was not considered for regularization in terms of G.O.Ms.No.16, dated 26.02.2016. Therefore, he has filed a writ petition vide W.P.No.24221 of 2023 and this Court vide orders dated 31.08.2023 had directed respondent No.2 to take a decision on the request of the petitioner to regularize his services in terms of G.O.Ms.No.16 and within a period of three (3) months from the date of receipt of copy of the order. In spite of lapse of more than a year, the order of this Court was not complied with. Hence, the Contempt Case has been filed.

4. Respondent No.2 in the writ petition, who is Contemnor No.1 in this Contempt Case, has filed a counter affidavit stating that the petitioner had filed a writ petition in W.P.No.23371 of 2019 before this Court seeking relief of regularization of service for the post of Attender in the quota of land donation to an extent of Ac.2.07 gts for construction of Bridge School, which is taken over by respondent No.2 – Society and that the writ petition was disposed of vide order dated 28.10.2019 directing respondent No.1- Principal Secretary to Government to consider the recommendations made by respondent No.2 on 12.10.2013 and to pass appropriate orders in accordance with law within a period of 12 weeks from the date of receipt of copy of this order and further, vide letters dated 25.02.2020 and 22.01.2023 also, the proposals of the petitioner were sent to Government with a request to issue appropriate orders as it is a policy decision and the Government is the competent authority to take a decision, as there was no provision in Service Rules of TGSWREIS for providing regular employment to the land donators. It is stated that vide letter dated 25.07.2023, the Government vide Govt. Letter dated 16.01.2014 had informed that it has already examined the request of the petitioner and informed that providing regular employment to the individual is not feasible for acceptance and that he can be provided with a job on outsourcing basis only.

5. It is further submitted that the petitioner has filed W.P.No.24221 of 2023 before this Court and this Court vide orders dated 31.08.2023, directed respondent No.2 to consider the proposal of respondent No.3 in accordance with the directions of this Court. Vide letter dated 28.11.2023, respondent No.2 in the writ petition had sent the proposal to the Government for issuance of necessary directions. Further letters were also addressed on 27.05.2024 and 23.10.2024 to furnish related files in respect of the petitioner. It is stated that the case of the petitioner was duly considered and his plea for regularization of service on regular basis in Class-4 cadre cannot be implemented and the same was informed to the petitioner vide letter dated 13.02.2025.

6. Further, the learned Standing Counsel has also forwarded the copy of the letter dated 23.08.2025, addressed to the Government wherein the above facts are mentioned and it is stated that vide letter dated 25.01.2025, the request of the petitioner was refused and the same has been communicated to the petitioner as well.

7. Learned counsel for the petitioner submitted that during the course of hearing, when it was pointed out that respondent No.2- Secretary is not competent to take a decision in this matter, the said letter dated 25.01.2025 has been withdrawn and the Government has been taking time for getting instructions from time to time.

8. Learned Government Pleader for Services-III ha