Disposed

P.Padmasree, Kurnool Dist. v. I.V.R. Krishna Rao, I.A.S.

Andhra Pradesh HC15 Feb 2024CC/128/2016

Case brief

AI extract

What is this about?

In a contempt case regarding the regularisation of postings under the Irrigation Department, the Court held that the issuance of a reasoned government order with the word 'prospective' did not constitute a willful violation of a prior Court order. Consequently, the contempt proceedings were closed without imposing any punishment or penalty.

What did the court decide?

Contempt case closed. No order as to costs. Pending miscellaneous petitions dismissed.

P.Padmasree, Kurnool Dist. Vs I.V.R. Krishna Rao… — Contempt of Court | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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CONTEMPT CASE NO: 128 OF 2016

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Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circuriTstances stated in the affidavit filed herein the High Court may be pleased to initiate proceedings against the respondent herein for willful, deliberate and intentional floating and violation of^{theCourtOrdersdated} 1008-2015 passed in W.P. No. 7428 of 2008 by his Lordships^{Hon'bleSriJustice} Sanjay Kumar and punish the respondents as per law.

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Between:

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P.PADMASREE, KURNOOL DIST., D/o Jagannadha Charyulu, Hindu, Aged 54 years, working as Woman Mazdoor in N.S.R.S. Srisailam Project, Kurnool District, R/o Or. No. 112, B Type Quarters, Western Colony, Sunnipenta, Srisailam Project, Kurnool District.

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...PETITIONER

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AND

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I.V.R. KRISHNA RAO, I.A.S., Chief Secretary, State of Andhra Pradesh, Secretariat, Hyderabad - 500 022.

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Sri Adityanath Das, I.A.S., The Principal Secretary, I & CAD Department renamed as Water Resource Department, Government of^Andhra Pradesh, Secretariat, Hyderabad - 500 022.

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Sri M.V. Ravikurnar, The Engineer-in-Chief (LW), I & CAD Department renamed as Water Resource Department, State of A.P., 3rd Floor, Jalasoudha Building, Errummanzil, Hyderabad - 500 082.

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Sri G. Chittibabu, Chief Engineer, N.S.Reddy Sagar Project now called as Chief Engineer Projects, Irrigation, State of A.P., Opposite YMCA, Railway Station Road, Kurnool - 518 001.

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Sri B. Rambabu, Superintending Engineer (Projects), Dam Maintenance Circle (Srisailam Projects), N.S.R.S. Srisailam Project,^Stateof A^P Krunool District - 518 102.

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Sri Ajeya Kallam, IAS, Principal Secretary, Finance Department, Government of Andhra Pradesh, Secretariate, Hyderabad - 500 022. (R6 impleaded as per the Hon'ble Court Order dated 04.08.2017 in Appl.No.522/2016 in CC No.128/2016).

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Muddala Ravichandra, I.A.S., Special Chief Secretary to Government FAC and Principal Secretary, Finance Department, Government of Andhra Pradesh, Room No.285, 1st Floor, 2nd Block, A.P.Secretariat Office, Velagapudi, Amaravati, Guntur District, Andhra Pradesh 522 503. (R7 impleaded as per the Honble Court Order dtd.12.10 2018 in lA No 1/2018 in CC No. 128/2016)

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Dr.K.S.Jawahar Reddy, Chief Secretary,State of Andhra Pradesh, Secretariat,Amartavati,Guntur District

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Sri B.Sheshi Bhushan Kumar,IAS, Special Chief Secretary,Water Resource Department, Secretariat,Velagapudi,Guntur^District

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Sri R.Satish Kumar, Engineer in Chief,Water Resource Department Currencyriagar,Vijayawada,NTR District

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Sri S.Kabeer Basha, Chief Engineer Projects,Water Resource Departmeiit,Kurnool

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Sri P.Snrama Chandra Murthy, Superintending Engineer,Dam Maintenance Circle, NSRS Srisailam Project,Nandyal^District

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S,.;i I o.'it./r-» Rawath, Special Chief Secretary,Finance (HR.IV-FR AND LR)Department, Secretariat,Velagapudi,Guntur District.

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( RR8 TO 13 IMPLEADED AS PER COURT ORDER DATED 16-6-23 VIDE lA NO 1 OF 2023 IN CC NO 128 OF 2016)

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...RESPONDENTS

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Counsel for the Pet!tioner(s):SRI. EATHAKOTA VENKATA^RAO

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Counsel for the Respondents: G V S KISHORE KUMAR

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Counsel for the Respondents: SRI V K NAIDU

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Counsel for the Respondents: GP FOR IRRI AND CAD (AP)

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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CONTEMPT CASE No. 128 OF 2016

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Between:

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M P. Padmasree, Kurnool Dist., D/o Jagannadha Charyulu, Hindu, Age 54 years, working as Woman Mazdoor in N.S.R.S. Srisailam Project, Kurnool District, R/o Qr. No. 112, B Type Quarters, Western Colony, Sunnipenta, Srisailam Project, Kurnool District. ... Petitioner And Sri l.V.R. Krishna Rao, l.A.S, Chief Secretary, State of Andhra Pradesh, Secretariat, Hyderabad - 500 022 and twelve others. .. Respondents

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Counsel for the petitioner Sri E.Venkata Rao Counsel for respondents GP for Irrigation and CAD, GP for GAD, Sri G.V.S.Kishore Kumar, Sri C.Sumon and Sri M.V.K. Naidu

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ORDER

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The above contempt case is filed complaining the violation

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of order dated 10.08.2015 in W.P.No.7428 of 2008.

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Page 2 of 7

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SRS, J C.C.No.l28of 2016

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Heard Sri Koteswara Rao, learned counsel representing Sri E.Venkata Rao, learned counsel for the petitioner^and Sri C.Sumon, learned counsel appearing for respondent No.7^&8 and Sri V.K.Naidu, learned counsel appearing for respondent Nos.9, 10 & 12 and Sri G.V.S Kirhsore Kumar, learned^counsel appearing for respondent No. 13.

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The writ petition is filed seeking following relief :

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“ to issue a writ or mandamus or any other appropriate writ or order directing the prayed appropriate writ or order directing the State Government to regularize the petitioners in the regular N.M.R^work charged establishment N.S.Reddy Sagar Project, Dam Maintenance Circle, of the Irrigation Department of^the State Government of Andhra Pradesh and give posting to the petitioners for absorbing them in the N.S.Reddy Sagar Project, Dam Maintenance Circle with back wages and other benefits that accrued and pass such order^or orders... ”

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The said writ petition was disposed of on 10.08.2015.^The operative portion of the writ petition is as follows:

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“Sri I.V.Radha Krishna Murthy, learned counsel further states that the respondents thereupon issued instructions for regularising the services of the workmen

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Page 3 of 7

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SRS, J C.C.No.128 of 2016

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who were the petitioners in W.P.No.32522 of 1997 and that his clients, standing n the same footing, would^be entitled to the same relief

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Learned Government Pleader for Irrigation appearing for the respondent authorities fairly concedes this position.

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In that view of the matter, for reasons alike as were stated in the common judgment dated 25.10.2013 in W.A.Nos.393 of 2004 & 520 of 2008 and W.P.Nos.24024 and 24025 of 2010 and in terms thereo,f this writ petition is allowed directing the respondents to regularise the services of the petitioners in the establishment of the Neelam Sanjeeva Reddy Sagar Project, Dam Maintenance Circle, Srisailam, Kumool District. ”

¶51

The above contempt case is filed complaining nonimplementation of the order referred to supra. Pending contempt case, respondent No.9 issued G.O.Rt.No.28, Water Resources (SER.IV) Department, dated 23.01.2023. The operative portion of G.O.Rt.No.28 is as follows:

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“After careful examination of the matter. Government have considered the proposal of the Superintending Engineer, Dam Maintenance Circle, NSRS Srisailam Project, Srisailam Dam East, Nandyal

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Page 4 of 7

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SRS, J C.C.No.l28of2016

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District, and hereby accord permission to the Engineerin-Chief (IW), Water Resources Department, A.P., Vijayawada to regularize the services of Sri T.Venugopal Krishna, Sri M.Prasad and Sri A.Cehnnaiah, NMR Workers against the proposed posts of Office Subordinates i.e.. Roster Point N0S.68-BC-D, 73-0.C. and 91-SC respectively in terms of G.O.Ms.No.212, Finance (PC.Ill) Department, Dated: 22.04.1994 from prospective date as per circular Memo N0.573/225/A3/PC.III/97, dt.01.09.1997, and also the condition that the vacancies are clear, regular and continued from time to time and no senior eligible person is overlooked/omitted.”

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Learned eounsel for the petitioner would submit that^the

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Learned eounsel for the petitioner would submit that^the word ‘prospective’ used in G.O.Rt.No.28, itself amount to contempt and hence the respondents are liable to be punished.

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In J.S.Parihar v. Ganpat Duggar and Others^ the

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In J.S.Parihar v. Ganpat Hon’ble Apex Court observed as under;

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“....once there is an order passed by the Government on the basis of the directions issued by^the Court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be irght or may

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M1996) 6 see 291

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Page 5 of 7

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SRS, J C.C.No.l28of 2016

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or may not be in conformity with the directions. But^that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But^that cannot be considered to be the wilful violation of^the order. After re-exercising the judicial review in contempt proceedings, afresh direction by the learned Single Judge cannot be given to redraw the seniority list. In other words, the learned Judge was exercising the jurisdiction to consider the matter on merits in the contemptproceedings.It would not be permissibleunder Section 12 of the Act. ...”

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Since a reasoned order was passed vide G.O.Rt.No.28 dated 23.01.2023 by respondent No.9, the contention^oflearned counsel for the petitioner that the respondents ought^nothave used word ‘prospective’ in the said G.O.Rt.No.28, and^thatitself would amount to contempt and hence the respondents/contemnors are liable to be punished falls to ground. In fact, the authority passed a reasoned order^and hence, the respondents are not liable to be punished^under Sections 10 to 12 of the Contempt of Courts Act. If the petitioner is aggrieved by the order passed, the petitioner has to challenge the correctness of the order.

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Page 6 of 7

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SRS, J C.C.No.128 of 2016

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In view of the discussion supra, this Court does not find violation of order dated 10.08.2015, by the respondents.

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Accordingly, the Contempt Case is closed. There shall be

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no order as to costs.

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As a sequel, pending miscellaneous petitions, if any,^shall

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stand dismissed.

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Sd/- M. RAMESH BABU DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

, State of Andhra Pradesh,

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1 l.V.R. KRISHNA RAO, I.A.S., Chief Secretary Secretariat, Hyderabad - 500 022.

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Pradesh, Secretariat, Hyderabad - 500 022

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Sri M.V. Ravikumar, The I & CAD renamed as Water Resource Department State of A P Jalasoudha Building, Errummanzil, Hyderabad

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SriChiefG, EngineerChittibabu,Projects,Chief Irrigation, State of A,t',,P^^Opposite'''MCA,upp Railway Station Road, Kurnool - 518 001.

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Sri B. Rambabu, Superintending Engineer (Projects),^{DamMaintenance} Circle (Srisailam Projects), N.S.R.S. Srisailam Project, State of A.P., Krunool District - 518 102.

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Sri Ajeya Kallam, IAS, Principal Secretary, Finance Department, Government of Andhra Pradesh, Secretariate, Hyderabad - 500 022. (R6 impleaded as per the Hon'ble Court Order dated 04.08.2017 in Appl.No.522/2016 in CC No.128/2016).

¶84

Muddala Ravichandra, I.A.S., Special Chief Secretary^{toGovernmentFAC} and Principal Secretary, Finance Department, Government^ofAndhra Pradesh, Room No.285, 1st Floor, 2nd Block, A.P.Secretariat Office, Velagapudi, Amaravati, Guntur District, Andhra Pradesh 522 503. (R7 impleaded as per the Honble Court Order dtd. 12.10.2018 in lA No.1/2018 in CC No.128/2016)

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Dr.K.S.Jawahar Reddy, Chief Secretary,State of Andhra Pradesh, Secretariat,Amartavati,Guntur District

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Sri B.Sheshi Bhushan Kumar,IAS, Special Chief Secretary,Water Resource Department, Secretariat,Velagapudi,Guntur^District

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Sri R.Satish Kumar, Engineer in Chief,Water Resource Department, Currencynagar,Vijayawada,NTR District

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Sri S .Kabeer Basha, Chief Engineer Projects,Water Resource Departm9nt,Kurnool

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Sri CJhrarna Chandra Murthy, Superintending Engineer,Dam Maintenance Circ e, NSRS Srisailam Project,Nandyal^District

¶90

Sri S.S.Rawath, Special Chief Secretary,Finance (HR.IV-FR^AND LRjDepartment, Secretariat,Velagapudi,Guntur District RR8 TO 13 IMPLEADED AS PER COURT ORDER DATED 16-6-23 VIDE lA NO 1 OF 2023 IN CC NO 128 OF 2016

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One CC to SRI. EATHAKOTA VENKATA VENKATA RAO Advocate [OPUC] 15. One CC to SRI. G V S KISHORE KUMAR Advocate [OPUC] 16. Two CCs to GP FOR IRRI AND CAD (AP) ,High Court Of^Andhra Pradesh. [OUT]

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THREE CD Copies

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One CC to SRI. EATHAKOTA VENKATA VENKATA RAO Advocate [OPUC]

THREE CD Copies

HIGH COURT

DATED: 16/02/2024

ORDER

CC.No.12B of 2016

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CONTEMPT CASE IS CLOSED

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P.Padmasree, Kurnool Dist. v. I.V.R. Krishna Rao, I.A.S.

Case brief

What is this about?

What did the court decide?

P.Padmasree, Kurnool Dist. v. I.V.R. Krishna Rao, I.A.S.

Case brief

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What did the court decide?

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