THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI CONTEMPT CASE NO.2815 OF 2024

O R D E R

Alleging wilful disobedience and non-compliance with the directions of this Court dt.18.07.2024 passed in W.P. (TR) No.5144 of

2017, this Contempt Case is filed.

2. Vide order dt.18.07.2024 in W.P. (TR) No.5144 of 2017, this Court had directed the respondents to consider the case of the petitioner for promotion to next post by including his name in the seniority list and if the respondents intend to revise the seniority list, to follow the due procedure and pass appropriate orders therfor.

3. It is sated that the petitioner has filed a representation dt.02.09.2024 along with a copy of the order of this Court and vide the proceedings dt.07.10.2024, the respondents have issued the speaking order which, according to the petitioner, is not in the true spirit and is not in compliance with the directions of this Court. Therefore, alleging wilful disobedience on the part of the respondents, the present Contempt Case has been filed.

4. It is stated that the respondents have taken the very same grounds for denial of revision of the seniority of the petitioner as was taken in the counter affidavit filed in W.P. (TR) No.5144 of 2017 and which have not been accepted by this Court and that since the respondents have not preferred any appeal against the order of this Court, they cannot now take the very same ground for rejection of the request of the petitioner. Therefore, according to the petitioner, there is wilful disobedience on the part of the respondents.

5. The respondent/contemnor No.1 has filed a counter affidavit stating that on re-examination of the issue, it was observed that the orders vide proceedings dt.07.10.2024 were issued inadvertently and therefore, they were kept in abeyance vide proceedings dt.30.12.2024 and that he has tendered unconditional apology for the same and that another detailed speaking order has been issued on 16.01.2025 duly rejecting the claim/request of the petitioner and that the same has been served on the petitioner on 22.01.2025 and the same may be considered by the Court. A copy of the proceedings dt.16.01.2025 is also filed along with the counter affidavit.

6. The petitioner has also filed a reply affidavit.

7. Having regard to the rival contentions and the material on record, this Court finds that the order of this Court dt.18.07.2024 in W.P. (TR) No.5144 of 2017 has not been challenged by the respondents in Writ Appeal and therefore, it has become final. In view thereof, the respondents could not have reiterated the very same reasons for rejecting the petitioner’s case afresh and that it would amount to positive disobedience of the directions of this Court. When this view has been expressed by this Court, the proceedings dt.07.10.2024 was kept in abeyance and apology has been tendered for issuance of such orders. Thereafter, after issuance of notice to the petitioner and after considering his representation thereto, the proceedings dt.16.01.2025 has been issued rejecting the request of the petitioner.

8. Therefore, this Court is satisfied that though the respondents initially have not followed the directions of this Court, have subsequently issued notice to the petitioner and after considering his representation, have passed detailed order thereon. Therefore, this is not a case of wilful disobedience amounting to contempt of the orders of this Court. However, the petitioner is at liberty to challenge the proceedings dt.16.01.2025, if he so chooses.

9. The Contempt Case is accordingly closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 23.07.2025 Svv