HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR CONTEMPT CASE NOS. 467, 429, 468, 268, AND 493 OF 2010 Between: Mohammad Abdul Khadir S/o Zahoor Ali aged about 33 years, R/o H.No. 7-2-177, Dwaraka Nagar, Khammam, Khammam District ………….Petitioner AND Ch. Narsimha Reddy, Chairman and Managing Director, The Andhra radish Northern Power Distribution Company Limited and two others ………….Respondents COMMON ORDER: (Per Hon'ble Sri Justice GHULAM MOHAMMED) As all these Contempt Cases are interconnected they can be disposed of by this common order. All the Contempt Cases are filed for wilful and deliberate disobedience of the orders dated 17.11.2009 in W.P.No. 11273 of 2007 and W.P.No. 26753 of 2008, 10.11.2009 in W.A.Nos. 1631,1636 of 2008 in W.P.Nos. 2017, 2757 of 2008 and in W.P.No. 16347 of 2007 passed by the Division Bench of this Court. Heard Sri P. Venkat Ram Reddy, learned counsel, Sri P. Lakshma Reddy, learned counsel and learned Advocate General and also perused the entire material made available on record. This Court by order dated 10.11.2009 while disposing of the Writ Appeals viz., W.A.Nos. 1434, 679,1436, 1442, 1625, 1631, 1634, 1635, 1636, 1638, 1640, 1641, 1642, 1643, 1734, 1735, 1760, 1761 of 2008, W.A. No. 763 of 2009 and W.A.Nos. 626, 627, 667 and 684 of 2008, observed as under: “At this stage, the learned Advocate General produced before us of copies of the written instructions dated 9.11.2009 and 10.11.2009 received by him from the Chairman and Managing Directors of the Central Power Distribution Company of A.P. Limited (APCPDCL) and the Southern Power Distribution Company of Andhra Pradesh Limited (APSPDCL) respectively, and submitted that without going into the correctness or otherwise of the recruitment process, the appellants-Distribution Companies are willing to absorb the respondents-Writ Petitioners, who were adversely affected by Condition No. 6(iv)© of the Revised Notification dated 20.10.006. He further stated that the appellant-Distribution Companies are public utility services and since the Junior Linemen who have been recruited in pursuance of the revised Notification 20.10.2006 are 7,114 in number and since a situation has arisen where the services of all those personnel would have to be disbanded if Clause 6(iv)© of the revised notification is struck down, leading to disruption of essential services, the Appellants-Distribution Companies are willing to absorb and appoint all those writ petitioners who were affected by Condition No. 6 (iv) (c ) of the revised notification. It is necessary to extract the relevant portion of the individual written undertaking, which reads thus: “Now without admitting the claim of the petitioners and without going into details of correctness or otherwise of the said recruitment process, the Company is ready to absorb and select the Writ Petitioners who are affected due to the Clause 6(4) (c ) of Revised Notification, dated 20.10.2006. Therefore, taking the aforesaid undertakings of the Appellant-Distribution Companies on record, we direct the Appellant- Companies to appoint all the respondents/Writ Petitioners, who submitted their applications pursuant to the notifications dated 8.6.2006 and the other dates, issue by the various appellant companies, and who have passed the pole climbing test and fulfilled the other eligibility criterion for appointment as Junior Linemen, without reference to and without insisting upon the fulfilment of Condition No. 6(iv)(c ) of the revised notification dated 20.10.2006 within two months from the date of receipt of a copy of this order. We also make it clear that this direction would be applicable to all those candidates, who have not approached this Court but who had applied in pursuance of the aforementioned notifications, subject to passing of the pole climbing test and fulfilment of eligibility criteria. We however make it clear that the persons who have not applied in pursuance of the notifications dated 8.6.2006 and the other dates and who have not subjected themselves to the selection process have no right whatsoever to claim that they are entitled for such appointment. We also make it clear that all the selected and appointed respondents-Writ Petitioners and other similarly situated would be entitled for all benefits on part with the persons who have been appointed as Junior Linemen as per Condition No. 6(iv)(c ) of the revised notification, including regularisation of their services as per rules and policy.” The learned Advocate General submits that the above order dated 10.11.2009 passed by this Court in Writ Appeal No. 1434 of 2008 and batch had attained finality. But the order dated 22.4.2010 passed by a learned Single Judge of this Court in Writ Petition No. 9129 of 2010, is obstructing to implement the orders dated 10.11.2009 passed by the Division Bench in Writ Appeal No. 1438 of 2008 and batch, which reads as under: “There shall be a direction to the respondents not to fill up any vacancies, which are not the subject matter of notifications, dated 8.6.2006 and 20.10.2006. However, it is made clear that with regard to the vacancies, which arose subsequent to the notifications referred to above, it is open to the respondents to notify and fill up those vacancies in accordance with law. Notice” Therefore, interim order dated 22.4.2010 passed by the learned Single Judge of this Court in Writ Petition No. 9129 of 2010, the interim order dated 26.3.2010 passed in W.P.No. 6981 of 2010, and the interim order dated 9.4.2010 passed in W.P.No. 7739 of 2010, are hereby vacated. As the orders dated 10.11.2009 passed in W.A.No. 1434 of 2008 and batch had attained finality, the clarification petition viz, WAMP No. 195 of 2011 in W.A.No. 1434 of 2008 filed by the A.P. Central Power Distribution Company Limited, seeking to clarify that freshers shall be considered with respect to the vacancies notified on 8.6.2006 after exhausting the contract labour in the order of merit as per the marks obtained in the qualifying examination by calling them to interview in the ratio of 1:2, is dismissed. While disposing of the Writ Appeal viz., W.A.No. 1434 of 2008 dated 10.11.2009, an undertaking was given by the learned Advocate General before the Division Bench therefore, that undertaking shall be strictly adhered to. It is also made clear that the respondents are directed to complete the entire process as expeditiously as possible preferably within a period of two month from the date of receipt of a copy of this order. Accordingly, all the Contempt cases are disposed of. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 08.03.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.