IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTISIXTH DAYOF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE No. 664 OF 2009 IN WPMP.No.22581 of 2008 in WP.No. 21469 of 2005 Between: C.V. Guna Lakshmi, D/o CPS Sastry Working as Grade-II Telugu Pandit, Surabhi Balavihar High School, Gandhinagar, Hyderabad, R/o H.No. 1-6-361,Chikkadpalli, Hyderabad. ..... PETITIONER V/s. Sri K. Bhanumurthy, I.A.S., Commissioner of School Education, Govt. of Andhra Pradesh, Saifabad, Hyderabad & 3-Ors. … RESPONDENTS {The first respondent Govt.in WPMP.No.22581 of 2008 is not a necessary party to this contempt case} The Court made the following : (Order follows 2nd page) THE HON’BLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE NO. 664 OF 2009 IN WPMP.No. 22581 of 2008 in WP.No. 21469 of 2005. O R D E R : No representation for the petitioner. The contempt case is filed complaining that the respondents failed to comply with the order dated 06-9-2009 passed in WPMP.No. 22581 in 2008 in WP.No. 21469 of 2005. 2. The petitioner filed WP.No. 21469 of 2005 seeking for issuance of a writ of mandamus declaring the action of the first respondent in issuing the proceedings in Memo.No.2823/PS.I/2004- 4, dated 22-1-2005 as illegal and arbitrary and offending Article 14 and 16 of the Constitution of India and consequentially to direct the respondents to count the service rendered by the petitioner prior to admission of the post of Grade-II Telugu Pandit to grant-in-aid and also to count the entire service as Grade-I Telugu Pandit right from the date of her initial appointment in the year 1986 till date for all purposes including pay fixation, automatic advancement, pension etc. 3. The petitioner also filed WPMP.No.22581 of 2008 pending the main writ petition directing the respondents to take appropriate action against the first respondent in not implementing the orders of the Government. 4. Pending the main writ petition, the petitioner also filed WPMP.No. 27513 of 2008 seeking direction to the respondents 2 to 4 to fix the pay of the petitioner in Telugu Pandit Gr-II w.e.f., 01-4-1993 with all appropriate revised pay scales upto date pursuant to GO.Ms.No.345, Education (SC/PS.1) Department, dated 06-11-1999 and also WPMP.No. 27514 of 2005 seeking a direction to the respondents 2 to 5 to implement the orders issued by the first respondent in Memo No.9356/PS.1/2003-3 dated 08-10-2003 pending the writ petition. 5. This Court by order dated 28-10-2005 granted interim order in the WPMP.Nos.27513 and 27514 of 2005 in WP.No.21469 of 2005 directing the respondents to implement the proceedings dated 08-10- 2003. 6. On 28-10-2005 this court granted interim order in WPMP.No.27513 of 2005 and WPMP.No. 27514 of 2005 in WP.No.21469 of 2005, as hereunder: WPMP.No. 27513 of 2005 : “In view of the proceedings of the State Government dated 08-10-2003 the respondent Nos. 2 to 5 are directed to implement the said orders and expeditiously give the petitioner the benefits of the said order of the State Government.” WPMP.No. 27514 of 2005 : “As the petitioner has been appointed as Hindi Pandit Gr.II to a post created by conversion of SGT aided post into the post of Telugu Pandit Gr.II in the Surabhi Bala Vihar High School, Hyderabad w.e.f. 01-4-1993, in the orders of the Government in GO.Rt.No. 345, dated 06-11-1999 the respondents are directed to fix the pay of the petitioner in the category of Telugu Pandit Gr.II w.e.f. 01-04-1993 and give her all the salary emoluments including revised pay scale and the benefits on such revision on the basis of her entitlement under GO.Ms.No.345, dated 06-11-1999 expeditiously.” 7. While so, the petitioner also filed WPMP.No. 22581 of 2008 in WP.No. 21469 of 2005 seeking a direction to the first respondent to take appropriate action against the respondents in not implementing the orders of the Government in the light of the orders passed by this Court in WPMP.No. 27513 of 2005 and WPMP.No. 27514 of 2005 in WP.No. 21469 of 2005, dated 28-10-2005. 8. This Court by order dated 06-09-2008 disposed of the said WPMP directing the respondents to take appropriate action for implementing GO.Rt.No.184, Education, dated 17-3-2008. (GO.Rt.No. 184, Education, dated 17-3-2008 issued by the Government accorded permission to regulate the pay of the petitioner in Telugu Pandit Gr-II w.e.f. 01-4-1993 and also to consider her promotion from 08-10-2003 ), Complaining that the said order has not been complied by the respondents, the petitioner has chosen to file the above contempt case. 9. On behalf of the respondents, a counter has been filed. The third respondent filed counter along with proceedings Lr.Rc.No.7422/A3/2005, dated 03-6-2008 and also filed Lr.No.22249/1049/A2/05-1, dated 13-7-2009 addressing the Commissioner & Directorate of School Education, A.P., Hyderabad fixing the pay scales of the petitioner for approval of the proceedings of fixation of pay scale of the petitioner. Thereafter, finally the third respondent also filed proceedings in Lr.Rc.No.22249/1049/A2/05-1, dated 29-1-2010 to the effect that a cheques bearing No. 582855 (Net) dated 29-1-2010 for an amount of Rs.5,15,342-00 (Rs.Five lakhs fifteen thousand three hundred and forty two only) and cheques bearing No.582856, (deduction) dated 29-1-2010 for an amount of Rs.10,905/- (Rs.Ten thousand and nine hundred and five only) has been issued and handed over to the petitioner and also obtained acknowledgement of the receipt of the same from the petitioner on 29-1-2010. For these reasons, I do not see any reason to entertain this contempt case. 10. Having regard to the above facts and circumstances, the respondents have complied with the orders passed by this court. 11. The contempt case is accordingly closed. In the circumstances, there shall be no order as to costs. ______________________ Justice G. Chandraiah 26-02-2010. I s L THE HONOURABLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE No. 6 6 4 OF 2009 Circulation Entry No.46 Date: 26-02-2010 COMPUTER No. 43 Court Master: I s L