Y.v.v.Narayana v. R.Balasubrahmanyan
Case brief
What is this about?
In a contempt proceeding, the Court examined whether the respondent Corporation failed to consider the petitioner's appointment in a reserved quota as directed in a prior writ order. The Court found that while no vacancies existed, the undertaking to consider future vacancies was insufficient to dismiss the contempt charge.
What the court decided
A compact analysis
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THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN
CONTEMPT CASE No.261 of 2008
ORDER:
Ms.C.Sindhu Kumari, learned counsel for the petitioner, was present when the case was called on 27.08.2012. As such, the matter w directed to be listed today. Today also the learned counsel for the petitio is not present nor is there any representation on her behalf.
This Contempt Case is filed alleging willful disobedience of the orde this Court in W.P.No.21509 of 1997 dated 12.02.2007. The order of Court, in the writ petition aforementioned, required the respondents consider the case of the petitioner for appointment in any of the vacant p within the 10% quota reserved in favour of the land losers provided he w found eligible and suitable to be appointed in the said post. This Co required the entire exercise in this regard to be undertaken and comple within a period of three months from the date of receipt of a copy of the s order, and the decision to be communicated to the petitioner within aforesaid period. It was made clear in the said order that, in case vacancies were available, the respondent-Corporation should communic details of the number of posts which were earmarked under the 10% qu and the names of the persons who occupied the said posts. It was also m clear in the said order that if no vacancies arose within three months, arose subsequently, the petitioner should be intimated of the vacancy, his case should be considered if the vacancy was sought to be filled up accordance with clause 18 of the agreement.
In the affidavit filed in support of the Contempt Case, the petitio alleges that the respondents were adopting dilatory tactics only because petitioner had approached this Court; in respect of similarly placed perso the respondents had provided employment under land losers quota, but t were not taking any action in the petitioner’s case; and the conduct of respondents was highly contumacious.
Issues for consideration
2 issues framed by the court
Whether the respondent-Corporation is in contempt for failing to appoint the petitioner within the reserved quota as ordered by this Court when no vacancies existed.
Whether the undertaking given by the Counsel for the Company to consider the petitioner's case constitutes compliance despite the absence of current vacancies.
Parties & counsel
- petitioner
C. Sindhu Kumari
- respondent
Indian Oil Corporation Limited
Coram
Ramesh Ranganathan
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · August
- Registered
- Case no.
- CC/261/2008
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