HON’BLE MRS. JUSTI CE SUREPALLI NANDA CONTEMPT CASE No.164 of 2021 W.P.No.19995 of 2020

ORDER:

Heard Sri Aravind Kumar Kata, learned counsel appearing on behalf of the petitioners and the learned Assistant Government Pleader for Services-I I I appearing on behalf of the respondents

1 to 3.

2. The present contempt case is filed complaining violation of the orders of this Court dated 24.11.2020 passed in W.P.No.19995 of 2020. 3. PERUSED THE RECORD:-

A. This Court, vide order dated 24.11.2020 in W.P.No.19995 of 2020 observed as under:

Notice before admission.

Post after four weeks.

Status quo obtaining as on today shall be maintained.

W.P.No.19995 of 2020 B. The counter-affidavit filed on behalf of respondent No.1 in particular paragraph No.7 is extracted hereunder:

6. It is respectfully submitted that the petitioners have stated in their Contempt petition that they are working for the last so many years and discontinuation of their services are illegal and cannot be replaced with another temporary incumbent. It is respectfully submitted that, the services of these persons was totally on outsourcing basis through an agency. At the time of allocation of these persons to the Department, the Agency which has provided their services to the Department on commission basis has clearly stated in their allotment orders that " allotment is purely on temporary for one year on outsourcing basis from date of his joining, if any deviation, he/she will be terminated in any time without any notice" (Annexure: 3). Accordingly, after obtaining the permission (Dated: 4.8.2020) from the Director of V&AH and as per the requirement of the Department, new notification was issued after five months of completion of previous contract.

7. Further, respectfully submit that the Hon'ble High Court has issued the following orders on 24.11.2020 "Notice before admission, post after four weeks and Status quo obtaining as on today shall be maintained". In this regard, it is humbly submitted that the Hon'ble High Court has ordered for the Status quo as on 24.11.2020 and the notification was issued on 4.11.2020, (Annexure: 4) allotment of attendants by the agency was given on 12.11.2020 (Annexure: 5) and the candidates have reported for duty on 13.11.2020 (Annexure: 6). The same was brought to the notice of the Hon'ble Court during the presentations. The petitioner, in his affidavit of contempt of Case, mentioned that this Hon'ble Court has granted interim orders on 4.11.2020 instead of 24.11.2020 which is clearly misleading this Hon’ble Court and it is respectfully submitted that the DVAHO or the District Administration has not deviated the orders of the Hon’ble Court and submit that the (6) individuals have reported on 13.11.2020 in their allotted W.P.No.19995 of 2020 places. Another candidate has not joined even up to 24.11.2020 from which day, the Hon’ble Court Status Quo orders have come in to force. Hence, no violation of the Hon’ble Court orders.”

DI SCUSSI ON AND CONCLUSI ON:-

4. Learned Assistant Government Pleader for Services-III appearing on behalf of the respondents placing reliance on the averments made in the counter-affidavit filed on behalf of respondent No.1, in particular, paragraph Nos.6 and 7 contends that there is no violation of the orders of this Court dated 24.11.2020 passed in W.P.No.19995 of 2020 and the contempt needs to be closed.

5. A perusal of the counter affidavit filed on behalf of respondent No.1 indicates that orders directing to maintain status quo was passed by this Court in W.P.No.19995 of 2020 on 24.11.2020 and the notification was issued on 04.11.2020 and allotment of attendants by the agency was given on 12.11.2020 and the candidates have reported for duty on 13.11.2020 i.e., much prior to the passing of orders by this Court on 24.11.2020. Hence, this Court opines that there is no contempt as alleged by the petitioner herein.

W.P.No.19995 of 2020

6. Taking into consideration (a) The aforesaid facts and circumstances of the case.

(b) The sub