Yalla Lalitha v. Sri. Giridhar

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL Date:18.11.2016 Between:

Yalla Lalitha, D/o Y.Satyanarayana ..... Petitioner And:

Giridhar, Principal Secretary, APPSC, Hyderabad and another.

....Respondents Counsel for the petitioner: Mr. Poodattu Amarender Counsel for respondent No.1: Mr. C.Srinivasa Baba Counsel for respondent No.2: AGP for Transport, Roads & Buildings (AP) The Court made the following:

ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Contempt Case is filed alleging willful disobedience of order, dated 17.3.2016, in Writ Petition No.7580 of 2016. The petitioner herein approached the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') by filing O.A.No.1599 of 2012 feeling aggrieved by the action of respondent No.1 in not calling her for interview on a date convenient to her in view of her advanced pregnancy. By order, dated 17.11.2015, the Tribunal allowed the said O.A by directing the Andhra Pradesh Public Service Commission (for short 'APPSC') to consider the case of the petitioner by conducting the oral test for selection to the post of Assistant Motor Vehicle Inspector in pursuance of notification No.45/08, dated 30.12.

2008 and that, on such oral test, consequential steps may be taken based on the results of the same. Feeling aggrieved by this order, the APPSC has filed Writ Petition No.7580 of 2016 before this Court. By order, dated 17.3.2016, this Court disposed of the said Writ Petition while declining to interfere with the order of the Tribunal, but, however, granting three months' time to APPSC to carry out the directions issued by the Tribunal in the afore-mentioned O.A.

The grievance of the petitioner in this Contempt Case is that the respondents have not implemented the order of this Court in Writ Petition No.7580 of 2016.

At the hearing, Mr. C.Srinivasa Baba, learned counsel for respondent No.1, submitted that the petitioner was called for interview and was recommended to the State Government for her appointment to the post of Assistant Motor Vehicle Inspector.

He has also placed a copy of letter No.3478/Tr.II(1)/2016, dated 26.9.2016, addressed by the Special Chief Secretary to Government, Transport, Roads and Buildings Department, Andhra Pradesh Secretariat, Hyderabad to respondent No.1, wherein it is stated that creation of one supernumerary post of Assistant Motor Vehicle Inspector is under active consideration of the Government and that, it may take nearly three months' time since the matter has to be placed before the Council of Ministers. He has further submitted that since respondent No.1 completed the process of interviewing the petitioner and sent her name for appointment to the post of Assistant Motor Vehicle Inspector, he has complied with the order of the Tribunal as well as this Court.

Learned Assistant Government Pleader for Transport, Roads and Buildings (Andhra Pradesh) appearing for respondent No.2 submitted that the State Government will make every endeavour to issue appointment order to the petitioner within the time stipulated in the afore-mentioned letter, dated 26.9.2016.

Inasmuch as respondent No.1 has fully complied with the orders of both the Tribunal and also this Court, as submitted by

learned counsel representing him, we do not find any merit in the complaint made by the petitioner against the said respondent.

As regards respondent No.2, the submission of the learned Assistant Government Pleader that the process of appointment of the petitioner will be completed within the time indicated in letter, dated 26.9.2016, is placed on record and the Contempt Case is, accordingly, closed.

____________________________ JUSTICE C.V.NAGARJUNA REDDY ____________________ JUSTICE M.S.K.JAISWAL 18th November 2016 Note:

Registry shall forthwith send copies of this order to both the respondents.

B/o DR