THE HON’BLE SMT. JUSTICE T.MADHAVI DEVI CONTEMPT CASE NO. 1398 OF 2024

ORDER:

This Contempt Case is filed alleging wilful and deliberate disobedience of the directions of this Court in W.P.No.26676 of 2021, dated 03.06.2024 and is seeking punishment for the said disobedience under the Contempt of Courts Act and to pass such other order or orders in the interest of justice.

2. Learned counsel for the petitioner submitted that the petitioner had challenged the action of the respondent No.4 in not considering the petitioner for the post of Junior Assistant-cum-Computer Operator by implementing the Presidential order for the notified posts in the notification No.3 of 2019, dated 28.09.2019 as illegal and arbitrary. This Court had allowed the writ petition directing the respondents to consider and issue appointment orders to the petitioner herein according to his merit and without reference to the Presidential Order issued by the respondent No.1 with all consequential benefits. He submitted that though the petitioner was more meritorious than other candidates appointed in Sangareddy District, his case has not been considered for appointment and therefore, the present Contempt Case has been filed.

3. Learned counsel for the respondent No.1 has relied upon the averments in the counter affidavit stating that aggrieved by the order of this Court in W.P.No.26676 of 2021, a Writ Appeal in W.A.No.1127 of 2024 was filed and the Division Bench of this Court, vide order dated 21.11.2024, disposed of the same, directing the appellants therein to consider the case of the respondent No.1 therein for the post of Junior Assistant-cum-Computer Operator against the unfilled vacancy, if any. It is submitted that, thereafter, the case of the petitioner has been considered as per his online application and it was observed that all the vacancies which were notified in the Sangareddy circle, for which the writ petitioner is eligible, have been filled up. It is submitted that the writ petitioner has secured 56 marks and has secured 18^th rank in Sangareddy District and 30 vacancies have been notified, out of which the writ petitioner is eligible to be considered in 14 vacancies of OC and 2 vacancies of the ST community and out of 2 vacancies earmarked for the ST community, one vacancy is reserved for ST(W) and the other ST vacancy was also filled up by one Taravath Nagaraju. It is also stated that all the ‘OC’ vacancies were filled up and there are no unfilled vacancies available to consider the candidature of the writ petitioner. Accordingly, the petitioner was issued the speaking orders dated 29.03.2025. It is stated that the respondents have not deviated or disobeyed the directions of this court and that the orders of this Court have been complied with and he also tendered an unconditional apology for the lapses, if any, in complying with the orders of this Court. Along with the counter affidavit is filed the copy of the order of Writ Appeal in W.A.No.1127 of 2024, dated 21.11.2024 and also the Speaking Order dated 29.03.2025.

4. Learned counsel for the petitioner, however, submitted that there is wilful disobedience on the part of the respondents and he has drawn the attention of this Court to the interim order of this Court dated 04.04.2022, observing that any appointment made shall be subject to the further orders of this Court and also the order dated 22.04.2022 directing the respondents to permit the petitioner to undergo the proficiency test in computers and that the petitioner shall however not claim any equities. Thus, according to him, the appointments made during the pendency of the writ petition were subject to the outcome of the writ petition and the writ petition was ultimately allowed and in order to do complete justice to the petitioner, the respondents ought to have considered his case for appointment since he is more meritorious and has secured more marks than the persons who were appointed under the ‘ST’ quota.

5. Learned counsel for t