HON’BLE MRS. JUSTI CE SUREPALLI NANDA CONTEMPT CASE No.831 OF 2025 W.P.No.11449 of 2020

ORDER:

Heard Sri Srinivas Emani, learned counsel appearing on behalf of the petitioner and Mr.K.Arvind Kumar, learned standing counsel for Central Government appearing on behalf of the respondent.

2. The contempt is filed, complainant violation of the orders of this Court dated 28.07.2020 passed in W.P.No.11449 of 2020.

3. PERUSED THE RECORD:-

A. The petitioner approached this Court by filing W.P.No.11449 of 2020 seeking the following relief:

“...to issue a Writ order or direction more particularly one in the nature of a Writ of Mandamus directing the 1^st respondent to consider the case of the petitioner by considering representation dated 26.08.2019 forwarded by the 2^nd respondent on 18.09.2019 for considering the promotion to the petitioner from Assistant to Enforcement Officer E.O/Accounts Officer A.O from 28.04.2019 and pass...”

W.P.No.11449 of 2020

4. This Court disposed of the W.P.No.11449 of 2020 vide its order dated 28.07.2020 observing as under:

Heard.

2. Petitioner presently working as Assistant is now aspiring for promotion as Enforcement Officer/Accounts Officer. He is due for retirement on attaining the age of superannuation w.e.f. 31.07.2020. On 26.08.2019, petitioner submitted representation to the Commissioner, Coal Mines Provident Fund Organization, Dhanbad, the 1st respondent, requesting to consider him for promotion to the post of Enforcement Officer/Accounts Officer by claiming that there are number of vacancies available. Alleging inaction on the representation made, this writ petition is filed.

3. Since the said representation is stated to be pending, with the consent of both the learned counsel, the writ petition is disposed of directing the Commissioner, Coal Mines Provident Fund Organization, Dhanbad, the 1st respondent, to examine the claim of the petitioner as ventilated in his representation dated 26.08.2019, which was forwarded on 18.09.2019 by the 2nd respondent to the 1st respondent, and pass appropriate orders as warranted by law and communicate the decision to the petitioner within a period of six weeks from the date of receipt of a copy of this order.

5. Counter affidavit is filed on behalf of sole respondent, relevant portion of paragraph Nos.6 and 7 of the counter-affidavit filed on behalf of respondent is extracted hereunder:

W.P.No.11449 of 2020 “6. It is respectfully submitted that, in pursuance of the order passed in W.P.No.11449 of 2020, dated 28.07.2020 a Review DPC meeting was held on 19.03.2025 and with the approval of the competent authority, the petitioner was promoted notionally to the post of Section Officer in Level 7 in Pay Matrix with effect from 28.04.2017 (i.e., from the date of promotion of his immediate junior Shri TV Ramana [Estt. No.1736] in the light of Government of India, Department of Personnel & Training O.M.No.22011/3/2013-Estt(D) dated 15.11.2018. The said review DPC recommendations were communicated to the petitioner vide Office Order No.80 of 2025, dt:07.04.2025. In the meantime, the petitioner has filed Contempt Case and the notice has been received by the respondent on 28.07.2020. Since, orders of the Hon’ble Court have been complied with, the Hon’ble Court may be pleased to close the contempt case.

7. It is respectfully submitted that, this respondent has obeyed the Hon’ble High Court’s order without any deviation and in compliance of the orders of this Hon’ble Court order passed in W.P.No.11449 of 2020, dated 28.07.2020, the respondent herein issued Office Order No.80 of 2025, dated 07.04.2025. If for any reasons this Hon’ble Court comes to the conclusion that the respondents committed the contempt of Court Order, they tender this un-conditional apology. It is respectfully submitted that there is no disregard towards the orders of this Hon’ble Court as there is neither any disobedience nor any willful non-compliance on the part of this respondents. It is submitted that this respondent