Andhra Pradesh High Court

WRIT PETITION 10926 of 2003 on 24 November 2004

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV

TUESDAY, THE EIGHTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

O'//A-/o>%A

THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

CONTEMPT CASE NO: 792 OF 2014

Petition under Sections 10 to 12 of Contempt of Courts[Act][ 1971]praying thatin the circumstances statedin the affidavit[filed]hereintheHigh Court may be pleased to punish the respondent[under][ section][ 10][ to]12of the contemptof courts. Act,1971for their deliberateandwilfuldisobedienceof the order dated 24.11.2004of theHon'ble High Courtpassed in W.P.No.10926 of 2003.

Between:

1. S.Rajashekhar Reddy, S/o. S.Subba Reddy, Aged 47 years, R/o. 37/82-A, S.N.Colony, Rayachoti, Kadapa District.A, S.N.Colony, Rayachoti, Kadapa District.

2. S.Rajendra Prasad, S/o. Sriramulu, Aged 51 years,[R/o.][ D.No.51/35-1,]Kothapeta, Rayachoti, Kada|5a District.Kothapeta, Rayachoti, Kada|5a District.

3. V.Madana Mohana Reddy, S/o. V.Sahadeva Reddy, Aged 51years,R/o. Motakatia, Sambepalle Mandal, Rayachoti, Kadapa[District.]R/o. Motakatia, Sambepalle Mandal, Rayachoti, Kadapa[District.]

4. S.Peram,S/o. S.Mahaboob Saheb, Aged 49 years,R/o. Kothapeta,Rayachoti, Kadapa District.Rayachoti, Kadapa District.

5. K.DevaRayalu,S/o.Nagaiah,Aged49years,R/o.Kothapeta,Rayachoti, Kadapa District.Rayachoti, Kadapa District.

6. S.A.Jaya Ramaiah,S/o.Ramaiah, Aged 51years,R/o.Kothapeta,Raychoti, Kadapa District.Raychoti, Kadapa District.

AND

...PETITIONERS

Sri H-Y.Dora, Chairman and Managing Director Southern[Power][ Distribution]CompanyLimitedD.No. 19-13-65/A,Srinivasapuram,TiruchanoorRoadTirupati, Chittoor District.

Page 1 of 4

...RESPONDENTS

I.A, NO: 1 OF 2014fAPPL. NO: 499 OF 2014)

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the 1®* respondent to pay salary[in][ accordance][ with][ the]proceedings O.Rx.No.l368/20021 ADM/ D.No.348/2003 dated[25.04.2003.]

Counsel for the Petitioners: M/S INDUS LAW FIRM

Counsel for the Respondents: SRI V R REDDY KOWURI

(SC FOR APSPDCL)

The Court made the following ORDER:

APHC010798372014

m

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3331]

TUESDAY ,THE EIGHTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

CONTEMPT CASE NO: 792/2014

Between:

S.rajashekhar Reddy, and Others

...PETITIONER(S)

AND

Sri H Y Dora

...CONTEMNOR

Counsel for the Petitioner(S):

Page 2 of 4

1.M/S INDUS LAW FIRM

Counsel for the Contemner:

1. V R REDDY KOWURI(SC FOR APSPDCL)

The Court made the following:

:: ORDER::

Theabovecontemptcaseisfiledcomplainingaboutthenonimplementation of the order dated 24.11.2004 in W.P.No.10926 of 2003.

2. The petitionersfiled W.P.No.10926 of 2003 to declare the actionofrespondent authorities in not paying salaries as per their fixation of pay scalein respondent No.3 proceedings No.Rc.No.1368/2002/ADM/D.No.348/2 003,dated 25.04.2003, is illegal and arbitrary.respondent authorities in not paying salaries as per their fixation of pay scalein respondent No.3 proceedings No.Rc.No.1368/2002/ADM/D.No.348/2 003,dated 25.04.2003, is illegal and arbitrary.

3. W.P.No.10926 of 2003 was disposed of on 24.11.2004, whereintheoperative portion of the said order reads as follows:operative portion of the said order reads as follows:

“Bethat asit may, once thebenefits weregrantedtothepetitioners by proceedings dated 25.4.2003, the respondents[could][ not]^have withdrawnorally.It would have beenfair on the partof therespondentsto issueanoticeto the petitioners andafter seekingproper explanation ought to have passed appropriate[orders.][ Such][ a]course of action was not adopted in this case. Thus,[the][ action][ of][ the]respondents in withholding the benefits, which were granted to them isin gross violation of principlesof natural justice[and]isliabletobedeclaredasarbitraryandillegal.Therefore,theactionoftherespondentsin withholding thebenefits granted under Proceedingsdated 25-4-2003 to the petitioners is arbitrary and illegal.

For the aforesaid reasons, the writ petitionis allowed as prayedfor. This order, however, will not preclude the respondents[from][ taken]any action withdrawing the benefits etc., by issuing appropriate noticeso as to satisfy the principles of natural justice."

Page 3 of 4

4. Thepresentcontemptcasewasfiledafterlapseof nine yearscomplaining the order dated 24.11.2004 has not been complied with.complaining the order dated 24.11.2004 has not been complied with.

5. LearnedStandingCounselsubmittedthe proceedingsoftheChiefGeneral Manager/HRD dated 12.09.2016. A perusal of the said proceedings,a speaking order was passed in respect of each of the petitioner and copieswere also served on the petitioners. One of the said proceedings was filedalong with counter affidavit and other copies were[handed][ over][ to][ the][ learned]counsel for the petitioners, across the bar.General Manager/HRD dated 12.09.2016. A perusal of the said proceedings,a speaking order was passed in respect of each of the petitioner and copieswere also served on the petitioners. One of the said proceedings was filedalong with counter affidavit and other copies were[handed][ over][ to][ the][ learned]counsel for the petitioners, across the bar.

6. Given the facts and circumstances of the case and since a speakingorder was passed,in pursuance of the order dated 24.11.2004,this Courtdoes not find any violation of the order dated 24.11.2004[in][ W.P.No.10926][ of]’^003.order was passed,in pursuance of the order dated 24.11.2004,this Courtdoes not find any violation of the order dated 24.11.2004[in][ W.P.No.10926][ of]’^003.

fey'W';

7. Accordingly, the Gontempt Case is closed. No order[as][ to][ costs.]

As a sequel, pending miscellaneous petitions, if any,[shall][ stand][ closed.]

Sd/- K TATARAODEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. SriH.Y.Dora,ChairmanandManagingDirectorSouthernPowerDistributionCompanyLimitedD.No. 19-13-65/A,Srinivasapuram,Tiruchanoor Road Tirupati, Chittoor District.DistributionCompanyLimitedD.No. 19-13-65/A,Srinivasapuram,Tiruchanoor Road Tirupati, Chittoor District.

2. One CC to M/s Indus Law Firm Advocate [OPUC]

3. One CC to Sri. V R Reddy Kovvuri (SC for APSPDCL) [OPUC]

4. Three CD Copies

Chp

I

HIGH COURTDATED;08/04/2025

ORDERCC.No.792 of 2014

CLOSING THE CONTEMPT CASE

Page 4 of 4

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