ORDER

: (per Hon’ble Sri Justice P.Sam Koshy

Heard Mr.A.Phani Bhusan, learned counsel for the petitioners and Mr.S.Rahul Reddy, learned Special Government Pleader attached to the office of learned Advocate General, appears for the respondents.

2. The instant contempt petition has been filed alleging willful non-compliance of the order passed by Division Bench of this Court in WP.No.12132 of 2025 decided on 25.06.2025.

3. While allowing the aforesaid writ petition, this Bench had passed an order to grant seniority to the petitioners on par with their counter parts who had joined the department on 14.06.2013. This Bench had also while allowing the writ petition ordered for grant of notional fixation to the petitioners from 14.06.2013 till 01.07.2025 and henceforth from 01.07.2025 onwards, the petitioners would be entitled for actual monetary benefits. Non-compliance of this order lead to the filing of instant contempt case.

4. When the Contempt Case was initially taken-up, learned counsel appearing for the respondents-contemnors submitted that there was some discrepancy insofar as the date of joining is concerned as there was one batch of employees who had joined on 14.06.2013 and there was another batch who were joined on 15.06.2013. Both these batch of employees were pertaining to two different zones. However, on a query put to the learned counsel for the contemnors as to whether seniority of the employees for further promotional avenues, whether it would have an adverse impact on the batch of employees who have been given their seniority from 16.06.2013 as compared to their counter parts who has given joining on 14.06.2013. An affidavit dated 07.04.2026 has now been filed by the Principal Secretary, Education Department, namely Ms.Yogita Rana, in Review I.A.No.5 of 2026 in WP.No.4873 of 2025, wherein accepting the fact that there will be detrimental effect insofar as grant of joining to the two different persons and different zones. The Department has now rectified the date of appointment in both zones and the persons belonging to the same category have been given the date of joining from 14.06.2013 and seniority has also been fixed from 14.06.2013.

5. Learned counsel appearing for the respondents-contemnors has made a statement based upon the affidavit filed by the Principal Secretary, Education Department that henceforth, all the promotional avenues would be based upon the seniority of the petitioners treating it for all practical purposes from 14.06.2013 onwards.

6. Learned counsel for the petitioners further submits that the later part of the order in writ petition insofar as granting of the actual monetary benefits from 01.07.2025 has not been implemented in its letter and spirit. Inasmuch as though the fixation has been done in December, 2025, but the arrears of difference of pay from 01.07.2025 till December, 2025 is still to be released.

7. Learned counsel for the petitioners further submits that unlike in the case of WP No.4873 of 2025, the petitioners Nos.6 to 13 who have been subsequently appointed by way of WP No.12132 of 2025, which was decided on 25.06.2025, however it was specifically order that these petitioners should also be granted retrospective seniority from with that of their counter parts who have being appointed in the department on 14.06.2013.

8. On the previous date of hearing, while disposing of the connected contempt case i.e., CC No.2235 of 2025, dated 15.04.2026, the learned Special Government Pleader has accepted the fact that the aforementioned petitioner Nos.6 to 13 would grant seniority from the back date i.e., on 14.06.2013 and appropriate steps have been initiated and proceedings to that effect also issued.

9. In view of the same, we see no reason, why the Government would not honour the order of this Court passed in WP No.12132 of 2025, dated 25.06.2025. Accordingly, the Contempt Case stands closed. The respondents are di