THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKER WRIT PETITION No. 24597 OF 2005 Between Sri Nabi Rasool And The Revenue Divisional Officer, Nandyal, Kurnool District THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKER WRIT PETITION No. 24597 OF 2005 Oral Order : ( Per Sri GM, J ) The petitioner herein was appointed as Night Watchman on 31-7-1994 from the category of village servant. As his services were terminated the petitioner filed O.A.No.2155 of 1996 before the Andhra Pradesh Administrative Tribunal, Hyderabad. On adjudication, the Tribunal allowed the O.A. by setting aside the termination order with the following directions. “ Hence, the termination is held to be bad. So necessarily the applicant is to be reinstated. If he is already removed, counting his service continuously from the date of removal and earlier to it also. Monetary benefits should be given from the date of filing of the O.A. and notional benefits should be earlier to it. This exercise shall be completed within 2 months from today. O.A. is disposed of accordingly” The petitioner approached the Tribunal by filing Contempt Case No.421 of 2004 for implementing the orders passed by the Tribunal in O.A.No.2155 of 1996 dated 1-6-2003. The Tribunal while disposing of the Contempt Case NO.421 of 2004 held that any promotion/appointment by transfer given to the post of Atttenders should be given taking into consideration, the completion of ten years of service in the category of village servant. In pursuance of the orders of the Tribunal dated 11-4- 2005 orders were issued reinstating the petitioner as Village Servant of Muthalur village, however, the petitioner did not receive the above proceedings. It is not in dispute that the Tribunal while disposing of the CA No.421 of 2004 held that if the unofficial respondents are found to be not eligible and are not possessing the eligibility criteria for appointment by transfer to the post of Attender their appoints have to be cancelled after due enquiry. Since the individuals have not completed the service of ten years of service as village servant his services were terminated and he was not posted as Attender. Upon hearing the learned counsel on either side and on perusal of the entire material on record it is seen that the Tribunal has not properly considered the scope of the contempt petition. It is well settled law that the court exercising the contempt jurisdiction cannot traverse beyond the order, it cannot test the correctness or otherwise of the order or can give additional direction. The fact remains is that order dated 11-6-2003 passed in O.A.No.2155 of 1996 was not tested before any court of appeal. In the circumstances, the impugned order passed by the Tribunal is set aside. Suffice it to say that the authorities shall consider the case of the petitioner in terms of the order dated 11-6-2003 in O.A.No.2155 of 1996, within a period of eight weeks from today, if he is otherwise eligible. No costs. Subject to above directions, the writ petition is allowed. No costs. GM, J KGS, J Kk/15-6-2011 THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKER WRIT PETITION No. 24597OF 2005 15-6-2011