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2023 DIGILAW 842 (AP)

Palla Sri Rama Sanjeeva Rao v. K. Santhosha Rao

2023-06-14

K.MANMADHA RAO

body2023
ORDER : This contempt case has been filed by the petitioners to punish the respondents under Sections 10 to 12 of Contempt of Courts Act for their willful disobedience to the order dated 11.07.2022 passed by this Court in W.P.No.20923 of 2020. 2. Heard Sri G. Seena Kumar, learned counsel appearing for the petitioners and Sri Metta Chandra Sekhar Rao, learned Standing Counsel and Sri Shreyas Reddy, learned Counsel appearing for the respondents/contemnors. 3. This Court vide order, dated 11.07.2022 in W.P.No.20923 of 2020, has disposed of the writ petition. The operative portion of the said order, reads as under : “Accordingly, the Writ Petition is disposed of. The respondents are directed to appoint the petitioners as Junior Linemen against the vacancies earmarked for BC(D) vacancies with all consequential benefits including seniority at par with other candidates appoint pursuant to selection pursuant to notification dated 07.06.2006/20.10.2006, within a period of eight (08) weeks from the date of receipt of a copy of this order.” 4. Counter affidavit has been filed by the respondent No.3 denying all the averments made in the petition and stated that, aggrieved by the above order dated 11.07.2022 in WP No.20923 of 2020, the APEPDCL preferred an appeal vide W.A.No.692 of 2022 before a Division Bench of this Court and the same was disposed of vide judgment dated 10.10.2022 and the operative portion of the said judgment reads as under : “…Having considered the entire fact situation of the case and considering the statement made in the memo filed on behalf of the writ petitioners, we are of the opinion that it would be appropriate to modify the order passed by the learned single Judge to the extent of consequential relief, by directing the respondent authorities to allow seniority to the writ petitioners from the date of which the last BC-D candidate – Menda Venkataramana was appointed and revise the pay notionally and release arrears of pay from the date of filing of notionally and release arrears of pay from the date of filing of W.P.No.2093 of 2020 i.e., 09.11.2020 till the date of their appointment. With the above modification, the appeal is disposed of.” It is further stated that after receipt of the above order, instructions were sought from the Corporate Office, Visakhapatnam and the same was received from Corporate Office vide Memo No.EPCOR-06003(06003(16)/1/2021-IR-T-3-COR/E-338965/I.No442090/2022, dated 24.11.2022 as follows : i. Re-examine and verify the eligibility of the petitioners Sri P. Sri Rama Sanjeeva Rao and Sri K. Atcha Rao with reference to their marks, ROR and terms and conditions of the CJLM Recruitment Notification 2006. ii. Further approach the S.L.A./APEPDCL along with connected records and obtain legal opinion on the subject matter for the next course of action in respect of the High Court orders in WA No.692 of 2022. It is further stated that in compliance of the orders in WA No.692 of 2022, allotment orders were issued to the writ petitioners for provisional selection in the batch of 2006-2007 Junior Linemen Recruitment to Operation Division Rajamahendravaram vide Lr.No.SE/O/RJY/EE-T/PO/JAO/ ADM/SA-2/D.No.1067/22, dated 26.11.2022. Accordingly, the Executive Engineer/Operation/ Rajahmundry issued appointment and Re-posting orders to the writ petitioner vide Memo No.EE/O/RMV/JAO/ADM/SA-1/D.No.1427/22, dated 26.11.2022, Memo No.EE/O/RMV/JAO/ADM/SA-1/ D.No.1328/22, dated 26.11.2022 and also the notional pay is fixed for Rs.39,410/- w.e.f. 09.11.2020 and with consequent increments pay is revised to Rs.40,675/- w.e.f. 01.10.2021 and Rs.41,940/- w.e.f. 01.10.2022. The gross arrears bill from 09.11.2020 to 28.11.2022 was arrived for Rs.12,87,600/- and after deductions of PT, SFMS, EPF, GIS an amount of Rs.1,59,109/- net amount was arrived Rs.11,28,493/- to each individuals vide Lr.No.EE/O/RMV/JAO/ADM/SA.1/ D.No.193/23, dated 14.2.2023. Accordingly, the said arrears of salary and allowances will be paid to the individuals along with their monthly salary i.e., 02/2023 after deduction of income tax as per rules. It is further stated that, all the above stated supra on the administrative internal correspondence, some delay was happened for complying with the order dated 10.10.2022 in W.A. No.692 of 2022 in W.P.No.20923 of 2020 without any deviation. It is further stated that there is no contemptuous act committed by this respondent and as such this contempt case may be closed. 5. Reply affidavit has been filed by the petitioners while denying all the averments made in the counter, contended that the respondents have not fully complied with the orders, intentionally and deliberately delaying the full compliance. It is further stated that there is no contemptuous act committed by this respondent and as such this contempt case may be closed. 5. Reply affidavit has been filed by the petitioners while denying all the averments made in the counter, contended that the respondents have not fully complied with the orders, intentionally and deliberately delaying the full compliance. Then, the petitioners had specifically requesting the office of the Executive Engineer and the 3rd respondent office to furnish the merit/selection list and bluntly refusing to furnish the same in spite of the orders of the Commissioner, RTC. This part of the action on the part of the 3rd respondent amounts to contempt of court. It is further stated that in the promotion order as Assistant Linemen in Memo No.EE(O)RMY/JAO/ADM/SA.I/ D.No.439/2023, dated 25.03.2023, it is mentioned that promotion as ALM notionally on par with one Sri A.V. Rameswara Rao who joined as ALM. But the name of said A.V. Rameswara Rao was not found in the list of JLMs, it is not known as to whether he is among the 165 candidates and what is his merit is not furnished either in the compliance report or in the promotion orders. It is also not correct to state that the respondents have complied with the orders of this Court totally are incorrect and denied as this is only part compliance. The petitioners are pursuing the issue from 2007 onwards and after more than 12 years they have got the relief from this Court but ae being denied the fruits of the orders of this Court and this action of the respondents are intentional and deliberate disobedience towards the orders of this Court dated 11.07.2022 passed in WP No.20923 of 2020 and the writ appeal in WA No.692 of 2022 and hence all the respondents are cumulatively liable for punishment under the contempt of courts act. 6. On perusing the proceeding sheet, vide order, dated 29.11.2022, Mr. G. Seena Kumar, learned counsel for the petitioners submitted that the respondents have issued Memo dated 26.11.2022, whereunder, reposting orders were issued to the petitioners and partly they have complied with order of this Court and he further submitted that with regard to pay fixation of the petitioner, the respondents have to comply with the order. Thereafter, when the matter was listed on 20.01.2023, Mr. Thereafter, when the matter was listed on 20.01.2023, Mr. Metta Chandra Sekhar Rao, learned Standing Counsel for the respondents represented that the respondents are taking steps to comply with the order of this Court and sought time. 7. Learned Standing Counsel for APEPDCL appearing for the respondents, in view of the compliance of the orders of this Court, has furnished a letter vide Lr.No.SE/O/RJMV/EE-T/PO/JAO/ADM/SA-2/D.No.272/2023, dated 25.03.2023, received from the Superintending Engineer, APEPDCL, Rajamahendravaram, and submits that in view of the compliance of the orders of this Court in W.A.No.692 of 2022 in W.P.No.20923 of 2020 the seniority of Sri P. Rama Sanjeeva Rao JLM and Sri K. Atcha Rao, JLM i.e., the petitioners herein, was revised in junior Lineman cadre and accordingly promotions ordered as Assistant Lineman and reposting orders were issued to the petitioners. 8. He also furnished a copy of letter in Lr.No.EE(O)RMV/JAO/ADM/SA.1/D.No.555/2023, dated 15.04.2023 addressed by the Executive Engineer, Operation, APEPDCL, Rajamahendravaram to the Superintending Engineer, Rajamahendravaram, wherein it was mentioned that in compliance of the orders of this Court in WA No.692 of 2022 in WP No.20923 of 2020 and CC No.4737 of 2022 i.e., from 09.11.2020, the seniority of the incumbents was revised in Junior Lineman Cadre and accorded promotions to the above incumbents as Assistant Lineman and posting were issued vide Memos, dated 25.03.2023. 9. On a perusal of the proceeding sheet, vide order, dated 17.04.2023, learned counsel for the respondents filed a Memo vide No.EE(O)RMV/JAO/ADM/SA.1/D.No.554/2023, dated 15.04.2023, wherein it is stated that “whose names are figured in the Seniority List are instructed to acknowledge the receipt of the same and they may put forth their objections within 15 days i.e., on or before 29.4.2023 positively and if no objections are received within the stipulated time, the seniority list now communicated will be considered as confirmed without any further reference.” 10. During hearing, learned counsel for the petitioners submits that though this Court passed orders to consider the case of the petitioners in letter and spirit, the respondent authorities herein have not complied with. Therefore, learned counsel requests this Court to pass necessary orders. 11. During hearing, learned counsel for the petitioners submits that though this Court passed orders to consider the case of the petitioners in letter and spirit, the respondent authorities herein have not complied with. Therefore, learned counsel requests this Court to pass necessary orders. 11. Further, learned Standing Counsel has furnished another letter received from the Superintending Engineer, APEPDCL, Rajamahendravaram, vide Lr.No.SE/O/RJMV/EE-T/PO/JAO/ADM/SA-2/D.No.588/2023, dated 08.06.2023, wherein it is mentioned that the last promotion panel from Assistant Lineman to Lineman was approved by the DPC in the month of May 2023 (May, June & July) in which the panel ended with Sl.No.39 and the next DPC will be held in August 2023 as per rules and Sri P. Sri Rama Sanjeeva Rao & Sri Kondra Atcha Rao will be enlisted for consideration of promotion as Linemen as per eligibility. He further submits that the respondents will be considered the case of the petitioners within the month of August, 2023 as per their eligibility. 12. On hearing the submissions of learned Standing Counsel, when this Court posed a query to the learned Standing Counsel with regard to the implementation of the orders of this Court for taking the decision “as per the seniority” or “as per the eligibility” criteria, he replied that the respondents will be taken decision as per the orders of this Court i.e., ‘as per their seniority” and the same exercise will be completed within the month of August 2023. 13. In view of the submissions made by learned Standing Counsel, this Court deems it appropriate to grant time upto August 2023 to the respondents/contemnors to implement the directions of this Court dated 11.07.2022 passed in W.P.No.20923 of 2020. 14. With the above observation, the Contempt Case is closed. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed.