THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.24745 of 2011 Dated:06.09.2011 Between: The Joint Secretary, Department of Space Antariksh Bhavan, New BEL Road, Bangalore, And others. … Petition And Shri Ch.Prasad, And another. ... Responde THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.24745 of 2011 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The writ petition is against order dated 27.07.2011 in C.P.No.41 of 2 in O.A.No.647 of 1998 by the Joint Secretary, Department of Space Antar Bhavan, Bangalore, and two others. By the said order, the Cen Administrative Tribunal directed that the first respondent be given consequential benefits including all promotions treating him as promoted w effect from 19.05.1997 to the post of Assistant Stores Officer (ASO) in establishment of the third petitioner. The first respondent (hereinafter called, the applicant) filed O.A.No.64 1998 complaining non-consideration of his promotion as ASO aga Scheduled Tribe (ST) quota. The Tribunal disposed of the same on 15.09.1 directing the petitioners herein (hereafter called, the respondents) to cons his case in accordance with the panel issued on 02.12.1996 when his comes against the ST quota. The same was challenged by the respondent W.P.No.1688 of 2000 unsuccessfully. The writ petition was dismissed 13.07.2009 against which the respondents preferred SLP (C) No.18630 2009. The same was dismissed on 24.01.2011. The applicant then f contempt petition, being C.P.No.41 of 2011. Learned Tribunal while gran time up to 13.07.2011 passed orders on 10.06.2011 directing the responde to implement its order dated 15.09.1999. After receiving notice, the responde through the second respondent filed reply statement. Considering the same impugned order the learned Tribunal issued a direction to the respondent give all consequential benefits including promotions to the applicant comply with the order within one month. The Assistant Solicitor General appearing for the respondents sub that the order passed by the learned Tribunal exceeded the relief granted O.A.No.647 of 1998 and if the applicant has any grievance about the o passed, his remedy is to file a separate O.A., and a contempt petition would lie. After giving anxious consideration, we are not persuaded by submission. As noticed above, while issuing notice, learned Tribunal pas orders on 10.06.2011 directing the respondents to implement the orders da 15.09.1999. In their reply statement adverting to this, the second respond states as follows. Hon’ble CAT, Hyderabad Bench, vide its order dated 10.06.2011 directed the respondents to implement its order dated 15.09.1999 invariably within a period of one month from 10.06.2011 and posted the CP after one month i.e., on 13.07.2011. It is humbly submitted that in compliance to the Hon’ble CAT, Hyderabad orders dated 10.6.2011, the Department has agreed to implement the orders of the Hon’ble CAT as upheld by the Hon’ble Supreme Court. The administrative process including creation of a post on supernumerary basis, as per the extant orders of the Government, with the concurrence of Finance Ministry (Member for Finance) has already been initiated as intimated vide Department of Space letter No.E.19013/1/2011- Sec-IV dated July 11, 2011 (Marked & Produced as Exhibit R-1). It is amply clear from the above that the contention of the applicant that the respondent is silent without implementing the orders of the Hon’ble CAT, Hyderabad is not correct. Hence, it is humbly prayed that the time difference for compliance is only on account of obtaining necessary approvals/procedural clearance from different authorities, in order to issue the promotion orders to the applicant. Hence, it may not be treated as contempt of the Hon’ble CAT. A perusal of the above would show that no serious objection was ta for the contempt petition filed by the applicant, and for the first time a n ground is sought to be urged before us. The same cannot be permitt Further, after receiving notice of the Contempt Petition, the respondents agr to implement the order, and therefore, this writ petition is misconceived. The writ petition is, therefore, dismissed without any order as to costs. _____________ (V.V.S.RAO ________________ (K.G.SHANKAR 06.09.2011 vs