Katla Swamy v. Sandeep Kumar Sultania,

HON'BLE MRS JUSTICE SUREPALLI NANDA CONTEMPT CASE No.708 OF 2020 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Services II.

2.

Learned counsel for the petitioners and learned Government Pleader for Services II bring on record the order dated 24.11.2022 passed in W.A.Nos.646 and 920 of 2019, and in particular, Paras 10, 11, 12 and 13 of the said order read as under:

"10.

This Court, having considered the rival submissions made by the parties, is of the considered view that the learned Single Judge was justified in setting aside the order dated 25.01.2016 on the ground that no reasons were assigned by the appellants while discontinuing the services of the respondents by applying the law laid down by the Hon'ble Supreme Court in Mohinder Singh Gill (1 supra). However, the learned Single Judge ought not to have directed the appellants to continue the respondents/petitioners in Writ Petition No.3426 of 2016 in service, more so, when the case of the appellants is that the Rural Water Supply and Sanitation Scheme has been discontinued, and in its place 'Swach Bharat Mission' Scheme had been introduced. At best, the learned Single Judge should have directed the appellants to consider the cases of the respondents in the newly introduced scheme, i.e., 'Swach Bharat Mission' Scheme if the respondents are otherwise qualified and eligible in accordance with law.

11. Therefore, this Court is of the considered view that both the Writ Appeals can be disposed of by directing the appellants to consider the cases of respondents for engaging in appropriate post by giving preference to the respondents as they have already worked as MRCs. The appellants are further directed to consider the cases of respondents for engaging them in any suitable post depending upon their qualification in newly introduced scheme, viz., 'Swach Bharat Mission Scheme' and pass appropriate orders in accordance with law.

12. With these observations, both the Writ Appeals are disposed of. No costs.

13. As a sequel, miscellaneous applications pending if any in these Writ Appeals, shall stand close." 3.

Learned counsel appearing on both sides represented that C.C.No.708 of 2020 could be closed by giving a direction to the respondents to consider the case of the petitioners herein for engaging them in appropriate post giving preference to the fact that they have already worked as MRCs.

4.

Accordingly, the Contempt Case is closed. The respondents are directed to consider the case of the petitioners for engaging them in any suitable post depending upon their qualification in the newly introduced scheme, viz., 'Swatch Bharat Mission Scheme' as they have already worked as MRCs and pass appropriate orders, in accordance to law, and duly communicate the decision to the petitioners. However, there shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

_____________________________ MRS JUSTICE SUREPALLI NANDA 23.12.2022 KGK