K.Surya Rao, Srikakulam Dist. v. H. Manmadha Rao, Srikakulam Dist. And 5 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI C.C.No.985 of 2014

ORDER

This contempt case is filed complaining wilful disobedience on the part of the respondents in implementing the order dated 12.08.2013 passed by this Court in W.P.No.16148 of 2002.

When the matter is taken up for hearing, learned counsel appearing for the respondents submits that the respondents have complied with the order passed by this Court and they have calculated the wages to which the petitioner is entitled to and paid the same to him vide proceedings issued in G.O.Rt.No.629, dated 24.09.2015.

Learned counsel appearing for the petitioner contends that the Executive Engineer vide proceedings dated 16.07.2014 had submitted proposals to the Superintending Engineer to the effect that the petitioner is entitled for an amount of Rs.3,33,335/- and subsequently, the respondents have passed orders in G.O.Rt.No.629, dated 24.09.2015 and paid an amount of Rs.2,04,631/-, which is not a compliance at all. Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that the respondents have calculated the amounts to which the

petitioner is entitled to and also paid the amount to him vide G.O.Rt.No.629, dated 24.09.2015. If the petitioner is disputing about the calculation, he must challenge the same before an appropriate forum as this Court cannot look into the same under contempt jurisdiction.

Accordingly, the Contempt Case is closed. However, the petitioner is at liberty to challenge the proceedings issued by the respondents before an appropriate forum.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 13th November, 2018 rkk