Banothu Ramkumar v. Mr. N. Chakradhar Rao

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CC.No.520 of 2019 in WP.No.34920 of 2016 and CC.No.524 of 2019 in WP.No.34724 OF 2016 COMMON ORDER:

1.

CC.No.520 of 2019 is filed by the petitioner therein alleging willful non-compliance with the order dt.07.02.2018 in WP.No.34920 of 2016 and CC.No.524 of 2019 is also filed by the petitioner therein alleging willful non-compliance with the order dt.07.02.2018 in WP.No.34724 of 2016.

2.

In both these writ petitions, direction has been given to the 1st respondent in the Contempt Cases to forthwith reinstate the petitioners into service as Secondary Grade Teachers and also pay wages to them from 25.09.2016 till such reinstatement into service. 3.

After filing of these contempt cases, the Government Pleader for Services-II took notice for respondents on 25.04.2019. Thereafter the matter underwent 10 adjournments ie., 26.06.2019, 12.07.2019, 16.07.2019,17.07.2019, 25.07.2019, 05.08.2019, 09.08.2019, 27.08.2019, 06.09.2019 and on 13.09.2019. 4.

No counter affidavit has been filed by the respondents explaining the reasons for their inaction in implementing the said order. It is also not the case of the respondents that any appeal was preferred against these orders and there was a stay granted by the Division Bench of implementing the orders dt.07.02.2018 in both the Writ Petitions.

5.

In this view of the matter, it has to be concluded that the 1st respondent in both the Contempt Cases has committed willful disobedience of the order dt.07.02.2018 in both the Writ Petitions. 6.

Accordingly, both these Contempt Cases are allowed; and the 1st respondent is granted six (06) weeks time from today to comply with the orders dt.07.02.2018 in both the Writ Petitions. In default of compliance with this order, he shall suffer imprisonment for a period of two (02) months. Consequently, miscellaneous petitions pending if any shall stand dismissed. ____________________________ M.S. RAMACHANDRA RAO, J 01st October, 2019.

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