THE HON'BLE SRI JUSTICE N.V. RAMANA CONTEMPT CASE No.1413 of 2009 ORDER: This Contempt Case is filed complaining willful disobedience on the part of the respondent in implementing the order made in W.P.No.4500 of 1999 dated 14.11.2007. The petitioner was appointed as Lower Division Clerk on 12.12.1973 under the control of the respondent- Superintending Engineer (operation), Northern Power Distribution Company of A.P.Ltd., Adilabad District. He filed the above writ petition seeking refixation of his pay in terms of the orders of this Court in W.P.No.10869 of 1984 dated 06.11.1992 with all consequential benefits. This Court, by order dated 14.11.2007 allowed the above writ petition and directed the respondents to consider the case of the petitioner in terms of the orders of this Court in W.P.No.10869 of 1984 dated 06.11.1992 and if he is found eligible for revision and re-fixation of pay, to pass appropriate orders in accordance with law, expeditiously. Alleging violation of the said order, the present Contempt Case is filed. The respondent filed a detailed counter-affidavit stating that the Government vide Circular Memo.No.5476-A-137/FR-II/07 of FIN.(FR- II)/Dept., dated 12.03.2007 had clarified that the representation of senior Government Servants must be received upto a period of five years after the promotion of their juniors and under no circumstances such representations be allowed if they are received beyond five years after promotion of their juniors. Accordingly, the APTRANSCO vide its T.O.O (Addl.Secy-Per) Ms.No.51, dated 05.06.2007 has made applicable the said Government Circular in respect of APTRANSCO employees. It is also stated that after verification of the official records, the application said to have been submitted by the petitioner seeking his pay revised and re-fixed below five years after promotion of his junior, was not traced, and that the petitioner filed the writ petition on 28.02.1999 seeking his pay re-fixed on par with his juniors, as such, he is not eligible to get his pay re-fixed on par with his juniors in terms of T.O.O (Addl.Secy-Per) Ms.No.51, dated 05.06.2007. In the counter-affidavit it is also stated that against the order dated 14.11.2007 a review petition has been filed before this Court, since at the time of passing the said order, the issuance of T.O.O (Addl.Secy-Per) Ms.No.51, dated 05.06.2007 by the APTRANSCO was not brought to the notice of this Court and also of not filing the application within five years by the petitioner. It is further stated that the respondent has already issued speaking order vide Lr.No.SE/OP/ADB/ADM/PO/ Legal/D.No.357/09, dated 10.02.2009 rejecting the case of the petitioner for revision of pay fixation, and therefore, the question of violation of the order of this Court does not arise. The learned counsel for the petitioner contended that the petitioner has submitted the application within time, and therefore, rejection of his application by the respondent is not at all correct. Even though the APTRANSCO is said to have issued T.O.O (Addl.Secy-Per) Ms.No.51, dated 05.06.2007, as per which the application for fixation of pay should be filed within five years, at the time of disposing the writ petition by order dated 14.11.2007, the same was not brought to the notice of the Court. However, having heard the learned counsel on either side, and having perused the material available on record, based on the statement made by the learned counsel for the petitioner that the issue raised in the present writ petition was covered by the order dated 06.11.1992 in W.P.No.10869 of 1999, this Court, by following the said judgment, allowed the present writ petition. Be that as it may, since the respondent has already passed speaking order on 10.02.2009 rejecting the case of the petitioner for revision of pay fixation, it cannot be said that the respondent has violated the order of this Court. The Contempt Case is accordingly closed. However, the petitioner is at liberty to question the speaking order dated 10.02.2009 passed by the respondent, if he is so advised. N.V.RAMANA, J Dated: 02.02.2010 va