K. Srikanth v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON No.35105 of 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioners are the applicants in O.A.Nos.462 of 2011, 1619 of 2012, 1620 of 2012 and 1626 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. The said O.As. along with other O.As. were disposed of by the Tribunal, vide common order dated 18.03.2014, setting aside the impugned orders and directing the authorities to take back the applicants in the O.As. into service as part-time contingent workers forthwith and to continue to pay them wages from the contingent funds under Head of Account-020 of the Department.

The authorities were further directed to consider the cases of the applicants for regularization in terms of the observations made by the Supreme Court in STATE OF KARNATAKA V/ s. M.L.KESARI 1 and pass appropriate orders within a time frame. The petitioners filed the present writ petition aggrieved by the inaction of the authorities in implementing the aforestated common order of the Tribunal.

Learned Government Pleader for Services-II, State of Telangana, having obtained instructions, would inform this Court that no challenge was laid by the authorities to the aforestated common order dated 18.03.2014 passed in the batch of O.As.

If that be so, we are at a loss to understand as to how the authorities can choose to ignore the said order which has attained finality and is binding upon them. The failure on the part of the petitioners in initiating contempt proceedings within one year from the date of non-compliance would only protect the authorities from the reach of the 1 2010 (7) SCALE 743

Contempt of Courts Act, 1971, but would not have the effect of rendering the order passed by the Tribunal either ineffective or inoperative. The authorities are therefore bound to abide by and implement the order passed by the Tribunal.

The writ petition is accordingly disposed of directing the respondents to give effect to and implement the order dated 18.03.2014 passed by the Tribunal in O.A.No.462 of 2011 and batch expeditiously and in any event, not later than six weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 21.12.2018 IBL