D. Lingaiah v. Sri. Koteshwar Rao,

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SRI JUSTICE CHALLA KODANDA RAM Contempt Case No. 114 of 2016 ORDER: (per the Hon'ble The Acting Chief Justice Ramesh Ranganathan)) This Contempt Case is filed alleging violation of the order passed by a Division Bench of this Court in W.A. No. 1296 of 2006 dated 11.12.2014. In the said order the Division Bench observed that, in case the appellants were of the view that the respondent is not entitled to the pay scale of Rs.615/-, they ought to have challenged the order passed in the writ petition; that not having been done, it was not open to the appellants to fix the time scale of pay in any other manner; and, as the respondent had retired from service and no benefit was extended to him, the appellants should extend the benefits to the respondent within a period of six weeks from the date of the order.

In the counter affidavit filed in C.C. No. 114 of 2016, the Depot Manager, Telangana State Road Transport Corporation, Nirmal Depot states that an Office Order dated 1.11.1991 was issued revising the pay of the petitioner from Rs. 510/- to Rs.615/-; since the pay of the petitioner-workman was revised with effect from 26.6.1983, he was entitled for the difference of wages from 26.6.1983 till the date of implementation of the revised pay, ie, from 26.6.1983 to 31.10.1991; the difference of wages worked out to Rs. 32,610/- and, after recovery of Rs. 2,872/- towards Provident Fund, Rs.29,738.10ps. was paid to him on 6.12.1991; from 1.11.1991 onwards, the petitioner was paid enhanced wages on his enhanced basic pay; he retired from

service with effect from 30.4.2005; and all his retirement benefits were paid on his enhanced pay.

The Executive Director of the Telangana State Road Transport Corporation has also issued proceedings dated 8.10.2016 recording that the pay of the contempt petitioner had been fixed in the year 1991 itself in terms of the judgment of this Court in W.P. No. 10240 of 1985 dated 28.9.1988; he was paid difference of wages from 26.6.1983 to 31.10.1991; and he was paid retirement benefits on the enhanced pay. It is evident, therefore, that the order of this Court has not been violated, much less wilfully and deliberately.

We see no reason, therefore, to proceed against the respondents under the Contempt of Courts Act. The Contempt Case is, accordingly, closed. No order as to costs. ________________________________ RAMESH RANGANATHAN, ACJ _____________________________ CHALLA KODANDA RAM, J 17th February, 2017 pnb

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SRI JUSTICE CHALLA KODANDA RAM Contempt Case No. 114 of 2016 Date: 17.2.2017 pnb