Ch. Krishna v. Sri Rizvi,

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO AND THE HON'BLE MRS. JUSTICE ANIS CONTEMPT CASE No. 1120 OF 2014 O R D E R : (per Hon'ble Sri Justice Nooty Ramamohana Rao) This Contempt Case is instituted on the premises that the judgment rendered by this Court in Writ Appeal No. 1277 of 2013 on 21.10.2013 has been violated deliberately and purposefully by the respondent. This Court, while dealing with Writ Appeal No. 1277 of 2013, has pointed out that the issue raised in the Writ Appeal has squarely been covered by the judgment rendered by it earlier on 17.09.2013 in Writ Appeal No. 1104 of 2011 and hence, in terms of the judgment rendered in the said Writ Appeal No. 1104 of 2011, Writ Appeal No. 1277 of 2013 was also disposed of. The Division Bench earlier had occasion to deal with Writ Appeal No.

1104 of 2011 and batch which was decided by the judgment rendered on 17.09.2013 holding that the order passed by the Corporation through their TOO No. 231, dated 23.12.2008 is unsustainable and accordingly, it is quashed. The Bench also held that the Assistant Engineers appointed on contractual basis are not entitled to reckon their services as such for the purpose of seniority and that they are entitled to compute their service for the purpose of seniority only from the date of regularization of that post, but not otherwise. Now, it is demonstrated that no action has been taken by the Corporation contrary to the directions issued by this Court. Far from that, on 19.10.

2015, while making in-charge arrangements, necessary care has been taken to ensure that the principles enunciated by this Court in the judgments referred to supra, are kept in view. This apart, it is now pointed out that after the review application has been dismissed by this Court on 22.04.2015, the contractual basis appointee Assistant Engineers approached the Supreme Court by filing SLP (Civil) No. 13858-13859 of 2015 and entertaining the same, the Supreme Court has granted an interim order of status quo to be maintained.

In that view of the matter, the contention that non-preparation of seniority list of Assistant Engineers by the respondent Corporation does not amount to any contemptuous conduct on the part of the respondent, for this Court to initiate any

proceedings under the Contempt of Courts Act, 1971. Hence, this Contempt Case is dismissed. The notice issued in Form-I on 04.11.2015 shall stand discharged. Since this is wholly a redundant exercise indulged in by the petitioner, costs of Rs.5,000/- (Rupees five thousand only) are imposed to be payable to the respondent through a demand draft drawn on any of the nationalized banks payable at New Delhi, at par. The demand draft shall be deposited with the Registrar (Judicial) within 15 days from today with a registered post cover superscribing thereon the address of the respondent at New Delhi to enable the Registrar (Judicial) to transmit the demand draft so deposited. ----------------------------------------- NOOTY RAMAMOHANA RAO, J ------------- ANIS, J 07th December 2015 Issue CC tomorrow.

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