M Jaisree v. Dr. N.V.Ramana Rao

THE HON'BLE SRI JUSTICE M.GANGA RAO CONTEMPT CASE No.459 OF 2014 ORDER:

This Contempt Case is filed alleging non-compliance and wilful disobedience of the order dated 17.09.2004 passed by this Court in Writ Petition No.890 of 1997 wherein the respondentUniversity was directed to extend the UGC scales to the petitioner from the date of regularization if not from the date of original appointment and pay the arrears within a period of three months from the date of receipt a copy of order in W.P.No.890 of 1997 either by obtaining the approval from the UGC or the State Government or even otherwise also.

On 23.03.2016 this Court specifically directed the respondent to comply with the order passed by this Court on 17.09.2004, failing which ordered the Registrar of the respondentUniversity to appear before this Court. Thereafter, the respondent filed a counter affidavit wherein in paragraph No.3, it is has been stated that the petitioner was working as a computer operator and drawing the State scale of Rs.1050/-. She was extended the revised pay scale (UGC) of 1986 and she is entitled for a pay scale of Rs.1600/- and the University after calculating the difference of amount due to the petitioner from the date of her regularization, has paid the same by way of cheque and the petitioner has also encashed the same. Along with counter affidavit, a calculation memo is also filed. Learned counsel for the petitioner filed a reply affidavit disputing the calculation and stating that the petitioner is entitled for pay scale of Rs.2200/- in stead of Rs.1600/-.

However, in view of the compliance reported by the learned counsel for the petitioner, this Court is of the considered view that there is no wilful disobedience on the part of the contemnor and the Contempt Case is liable to be closed. If the petitioner is still aggrieved by the action of the respondent, she can file a fresh writ petition against the fresh cause of action.

Hence, the Contempt Case is closed granting liberty to the petitioner to work out her remedies in accordance with law. Miscellaneous petitions pending in this petition, if any, shall stand closed.

____________________ (M.GANGA RAO, J) 26th July, 2018 sur