The Court closed a contempt petition filed for alleged disobedience of its order directing salary payment. Since the petitioner had retired as Senior Assistant and a modification petition was pending with the writ appeal, willful disobedience was not made out.
The contempt case is closed; liberty granted to expedite hearing of Writ Appeal No.937 of 2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R. SUBHASH REDDY And HON’BLE SRI JUSTICE A. RAJASHEKER REDDY
CONTEMPT CASE No.2168 of 2013
JUDGMENT : (Per Justice R.Subhash Reddy)
This contempt case is filed under Sections 10 to 12 of the Contempt of Courts Act, 1971, alleging that the respondent has disobeyed the directions issued by this Court in the order dated 23.07.2013, passed in W.A.No.937 of 2013.
The petitioner was working as a Senior Marketing Officer in Andhra Pradesh State Agro Industries Development Corporation Ltd. When his services were terminated on the ground of down-sizing the manpower strength, he has questioned the same in the writ petition in W.P.No.20387 of 2006. Pending disposal of the writ petition, he was offered the post of Senior Assistant in the same Corporation and he has accepted the same. When the writ petition was allowed setting aside the termination order, the A.P.State Agro Industries Development Corporation Ltd. has filed Writ Appeal No.937 of 2013, in which, direction was issued to pay the salary attached to the post of Senior Marketing Officer, to the petitioner.
It is stated that the petitioner is now retired on attaining the age of superannuation while working as a Senior Assistant. On the ground that he was not paid the salary attached to the post of Senior Marketing Officer as
directed by this Court, this contempt case is filed.
When this contempt case is taken up for hearing, it is brought to our notice that as the petitioner has retired as Senior Assistant, a modification petition has been filed in W.A.M.P.No.3158 of 2013, which is directed to be listed along with the writ appeal itself.
As it is not in dispute that the petitioner herein is retired as a Senior Assistant, and further, modification petition filed by the Corporation is directed to be listed along with the writ appeal itself, it cannot be said that there is willful disobedience to the orders of this Court so as to proceed under the provisions of the Contempt of Courts Act.
For the aforesaid reasons, this contempt case is closed, giving liberty to the petitioner to take steps to expedite hearing of Writ Appeal No.937 of 2013. Miscellaneous applications pending, if any, shall stand closed.
______________________ R. SUBHASH REDDY, J
_________________________ A.RAJASHEKER REDDY, J 5th December 2014 ajr
2 issues framed by the court
Whether the alleged non-payment of salary as directed by this Court constitutes willful disobedience to justify contempt proceedings when the petitioner was retired as Senior Assistant at the time of
Whether the closure of the contempt case when the delay was attributable to the pending writ appeal and a filed modification petition.
Andhra Pradesh State Agro Industries Development Corporation Ltd.
Petitioner (Retired Senior Assistant)
R. Subhash Reddy
A. Rajasheker Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
