THE HON’BLE SMT. JUSTICE T.MADHAVI DEVI CONTEMPT CASE NO. 1502 OF 2024

ORDER:

This Contempt Case is filed alleging willful and deliberate disobedience of the directions of this Court in W.P.No.40225 of 2022, dated 29.08.2023 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. Brief facts leading to the filing of this Contempt Case are that the petitioner was working as a Junior Assistant in the Government Model Degree College, Kalwakurthy, Nagarkurnool District. He was awarded a major punishment of removal from service vide proceedings dated 05.08.2022 and he filed a W.P.No.35873 of 2022 before this Court challenging the removal order and vide orders dated 19.09.2022, this Court had set aside the impugned order by observing that the impugned order dated 05.08.2022 is without any authority of law. The respondent No.3 instead of reinstating the petitioner in to service, passed another order of removal from service vide proceedings dated 26.10.2022. Aggrieved by the same, the petitioner has filed a C.C.No.2159 of 2022 and the petitioner was paid subsistence allowance from 22.11.2021 to 04.08.2022 and salary for the period from 05.08.2022 to 25.10.2022. However, the petitioner was not reinstated into service and therefore, the petitioner filed another W.P.No.40225 of 2022, challenging the removal order dated 26.10.2022. Vide orders dated 09.01.2023, this Court had directed the petitioner to make an appeal to the Commissioner/appellate authority and directed the appellate authority to consider and dispose of the appeal of the petitioner by giving a detailed hearing to the petitioner in view of the sufferance undergone by the petitioner due to Covid-19 and upon verification of the medical certificate issued by the Medical Hospital, Nalgonda, expeditiously, preferably within a period of four weeks from the date of receipt of the copy of the said appeal. The said order was challenged by the petitioner in W.A.No.350 of 2023, which was disposed of by the Division Bench of this Court on 10.04.2023 by setting aside the order of this Court and remanded the same to this Court to adjudicate the case on merits without insisting the appellant to approach the appellate authority. Thereafter, vide orders dated 29.08.2023, W.P.No.40225 of 2022 was disposed of setting aside the impugned order dated 26.10.2022 and directed the respondents to reinstate the petitioner into service. It is stated that pursuant to the said orders, the petitioner was reinstated into service vide proceedings dated 06.10.2023 and accordingly, the petitioner has joined the service on 09.10.2023 and has been discharging his duties accordingly. It is submitted that for the total period from 12.05.2021 to 08.10.2023 of about two years and five months, salary for the entire period was not paid. Therefore, the petitioner made a representation on 13.10.2023, requesting for regularization of his service for the above period and payment of salary due. Since no orders were issued even after a lapse of more than eight months, the petitioner has filed this Contempt Case.

3. Subsequent to issuance of notice in the Contempt Case, the respondent No.3/contemnor has filed a counter affidavit confirming that the petitioner has reported to duty on 09.10.2023 and that he was paid the salary and that the respondent No.3/contemnor has highest regard and respect for the orders of his Court and enclosed therewith is the proceedings of the Regional Joint Director of Collegiate Education, Telangana, Hyderabad, reinstating the petitioner into service and the representation of the petitioner dated 13.10.2023 for payment of salary. Thereafter, on 20.02.2025, additional counter affidavit has been filed by the respondent No.3/contemnor stating that the period of absence from 12.05.2021 to 31.05.2021 (20 days) and 01.06.2021 to 08.08.2021 (69 days) has been treated as HPL on medical grounds and the perio