K.Srinivasa Narayana v. Dr. Ch.Masthenaiah

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO CONTEMPT CASE No.1121 of 2014 ORDER:

1. This Contempt Case is filed alleging non-implementation of the order of this Court dated 20.02.2014 in W.P.M.P.No.34966 of 2012 in W.P.No.27465 of 2012.

2. This Court directed the 2nd respondent-College to consider the claim of the petitioners for payment of arrears of salary from August 2009.

3. Admittedly, the courses of M.B.A and M.C.A were wound up, but the respondent-college is continuing and the services of the petitioners are not being continued.

4. The respondent filed a counter-affidavit stating that pursuant to the order passed by this Court, an order was passed on 29.03.2014 requesting the petitioners to receive the remuneration, but no one has turned up. It was further stated that the respondent is waiting for disbursement of the remuneration as per the resolution dated 07.09.2009. In view of the non-cooperation of the petitioners, the amount was not disbursed to them. As per the resolution passed by the High Power Monitoring Committee of the college on 07.09.2009, the petitioners remuneration was reduced to Rs.20,000/- per semester per subject for practical paper and Rs.15,000/- per semester per subject for theory paper by considering the fall in the strength of the students. The said information was intimated to the petitioners and they subscribed their signatures to the circular on 08.09.2009. They have also taken their salaries accordingly till the academic year 2009-2010 by way of cheques for the semester I to IV.

5. In view of the aforesaid averments made in the counter-affidavit of the respondent and in view of the nature of the direction issued by this Court, this Court sees that the order of this Court is not violated by the respondent.

6.

Accordingly, the Contempt Case is dismissed. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ______________________________ A.RAMALINGESWARA RAO, J 29-08-2016 Gsn