Andhra Pradesh High Court - Amravati
T.Giri Bhagavan Das vs C.V.Renuka on 8 March, 2021
Author: M.Venkata Ramana
Bench: M.Venkata Ramana
(Original Jurisdiction) MONDAY, THE EIGHTH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE i :PRESENT: THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA CONTEMPT CASE NO: 884 OF 2019 Between: os Sri T.Giri Bhagavan Das, S/o. Jagannadham, Aged about 36 years, Working as School" Assistant (Social) Zilla Parishad High School, Amaravaram, Kukunoor Mandal West Godavari District. Petitioner AND Smt. C.V.RENUKA, District Educational Officer, West Godavari District, Eluru, West Godavari District. Respondent/Contemnor WHEREAS the petitioner has presented under Sections 10 to 12 of the Contempt of Courts Act, 1971, the above case, through her counsel Sri P. V. RAMANA, praying the High Court to summon and punish the respondent herein, for his willful violation and disobedience of the orders dated 14.08.2019 passed by this Court in WP No. 11243 of 2019, in the interest of justice. WHEREAS the said case coming on for hearing, and whereas the High Court, upon perusing the affidavit filed therein, the earlier orders and upon hearing the arguments of Miss Lakshmi Priya, Counsel representing Sri P. V. RAMANA, Advocate, for petitioner and Sri K.Bhima Rao, counsel for Services-III, made the following: ORDER:
"Heard Miss Lakshmi Priya, learned counsel representing Sri P.V.Ramana, learned counsel for the petitioner.
Sri K.Bhinin Roo, learned counsel assisted this Court in this matter.
The explanation of the respondent is that pursuant to the orders of this court dated 14.08.2019 when verification was undertaken of the certificate produced by the petitioner issued by the Tahsildar, Burgampahad, it disclosed a different RC number, than what was issued in his name by the concerned authority for the relevant period. A photo copy of this material, appears to be a part of concerned Register is now produced. Except this variance in RC number, other details mentioned in the entries in this register tallied. It was issued on 13.08.2019. Name of the petitioner and other details including social status as ST.Lambada tallied with the certificate produced by him before the authorities, when he appeared for the counselling. The order in the writ petition itself states that the status of the petitioner is not in dispute, since he was already working as a School Assistant.
Sri K.Bhima Rao, learned counsel for Services-III now represents that the practice is to call for fresh certificates at every stage for promotion and therefore, the petitioner was under an obligation to produce this fresh certificate when he appeared for counselling on 03.07.2019. It appears that he had already produced a certificate of that nature obtained from Burgampahad, Kothagudem District of Telangana State and then he was asked to produce a similar certificate issued by the authorities of the West Godavari District since Kukunoor Mandal was transferred to the territorial jurisdiction of the State of Andhra Pradesh, upon bifurcation. The order of this Court itself makes clear the circumstances under which a direction was given to the respondent to consider the case of the petitioner for promotion for the post of Head Master Grade-II in the existing vacancy. By the date of the above order, there was one vacancy available.
It is now clear that the respondent had filled up this vacancy by another, keeping aside the petitioner. It appears that the action of the respondent is not in terms of the material available on record and it is also clear that the attempt of the respondent is to accommodate the next in line for promotion.
Thus, the conduct of the respondent is in deliberate violation of the orders of this Court and contumacious in nature. Therefore, finding no justification in the objections raised by the respondent for the proposed action against her in this petition, the same stands rejected.
However, as requested by Sri K.Bhima Rao, learned counsel to give a fair opportunity to the respondent to comply with the directions of this Court of the order dated 14.08.2019, it is desirable to grant time for compliance. Therefore, for compliance, list this matter on 26.03.2021.
Respondent appeared in person this day.
SD/- AASSURYA PRAKASH RAO DEPUTY REGISTRA /True Copy/ SECTION OFFICER To
1. Smt. C.V.RENUKA, District Educational Officer, West Godavari District, Eluru, West Godavari District, A.P. (By RPAD)
2. One CC to Sri P.V.Ramana, Advocate [OPUC]
3. Two CC,s to GP for Servives-III, High Court of A.P. at Amaravati. [OUT]
4.One Spare Copy.
MSR HIGH COURT MVR,J DATE: 08-03-2021 NOTE : LIST ON 26.03.2021.
FOR APPEARANCE. > -.
ORDER CC. NO. 884 OF 2019.
20 MAR 2021 2) o a we at ee ony pent wil ee FN ic eter