HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No. 217 of 2009 Dated : 08.09.2009 Between : Smt.Shaik Rameeja ….. Petitioner a n d 1) Smt.K.Samrajyam The Project Director 2) Sri K.Devanand The District Collector ….. Respondents HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.217 of 2009 ORDER : This contempt case has been filed complaining disobedience of the order dated 04.02.2009 passed in W.P.M.P.No.2142 of 2009 in W.P.No.1696 of 2009. Notice before admission was ordered on 26.02.2009 and Form-1 notice came to be issued on 10.07.2009. The respondent filed counter affidavit. It is stated in the counter affidavit filed by G.Chakradhar Rao that Smt.G.Nagamani has been appointed as Anganwadi worker and orders have been issued to that effect. It is further stated in the counter affidavit that the appointment of Nagamani has been made prior to the communication of the status quo order passed by this Court on 06.02.2009. For better appreciation, I may refer para Nos.4 and 5 of the counter affidavit, which read as under: “ In reply to the para No.3 of the petitioner affidavit it is submitted that it is true one Smt.Shaik Parox was selected for the post of Anganwadi worker, but she died on 07.05.2008. In view of the same the petitioner made a representation requesting to appoint her for Anganwadi Worker, therefore while matter stood thus another notification was issued on 18.08.2008 to fill up the post of Anganwadi Worker, in pursuance of the same the petitioner, Nagamani and others have applied for the said post. Call letters were issued to the candidates and the interviews were held on 30.09.2008. In the said interview Smt.G.Nagamani stood first among the applicants by securing 44 marks. The petitioner got only 17 marks. As per the marks obtained in the interview Smt.G.Nagamani is entitled to appoint as Anganwadi Worker. Accordingly the District Collector has approved on 08.01.2009 thereby appointing Smt.G.Nagamani as Anganwadi Worker to Bddikurapadu village. Accordingly, the first respondent has issued proceedings No.422/A1/2008, Dated 29.01.2009 appointing Smt.G.Nagamani as Anganwadi Worker of Boddikurapadu village of Talluru Mandal, Prakasam District. In reply to para No.6 of the affidavit it is submitted that the petitioner filed a representation in W.P.No.1696 of 2009 for declaring the action of the respondents 1 and 2 in conducting second interview dated 13.09.2008 without issuing the fresh notification is arbitrary, illegal. The petitioner is also sought for interim direction directing the respondents 1 and 2 not to give any appointment or selection on the basis of the 2nd interview dated 30.09.2008. It is submitted that the writ petition is misconceived because the respondent have issued a fresh notification but not conducted 2nd interview basing on the call letter dated 30.09.2008. It is submitted that the Hon’ble High Court by order dated 04.02.2009 granted interim direction “Status quo existing as on this date with regard to filling up the post of Anganwadi Worker in Boddikurapadu Village of Tallur Mandal, Prakasam District”. But the said order was communicated to the respondent on 06.02.2009 by the time Smt.G.Nagamani appointed as Anganwadi Worker and orders were also issued to the effect. Therefore, there is no violation of the order dated 04.02.2009 by these respondents.” Heard the learned counsel appearing for the petitioners and the learned Assistant Government Pleader appearing for respondent Nos.1 and 2. The learned counsel appearing for the petitioner submitted that as on the date of the status quo order passed by this Court on 04.02.2009 Smt.G.Nagamani has not been appointed and therefore, any appointment subsequent to the date of status quo i.e. after 04.02.2009 amounts to violation. She vehemently contended that the respondents have anti dated the proceedings with regard to selection of Nagamani as Anganwadi worker. Per contra, the learned Assistant Government Pleader appearing for the respondents submitted that selection process was completed on 08.01.2009 and the issuance of the appointment orders to the selected candidates commenced from 30.01.2009 and therefore, there is no violation of the status quo order passed by this Court. The learned Assistant Government Pleader has been directed to place on record the file relating to the selection of Anganwadi Workers in respect of Boddikurapadu village of Tallur Mandal, Prakasam District. Pursuant to the direction, the learned Assistant Government Pleader accordingly placed the entire file relating to the selection of Anganwadi Workers. The Committee comprises of Project Director, DWCDA, Ongole, and District Collector, Ongole, completed the process of selection on 08.01.2009. Thereafter, the appointment orders came to be issued to the selected candidates commencing from 30.01.2009. The interim order was passed by this Court on 04.02.2009. Since the appointment order of Smt.G.Nagamani came to be issued prior to 04.02.2009, there is no violation of the order passed by this Court. Therefore, the contempt case is dismissed. ______________________ B.SESHASAYANA REDDY, J 8th September, 2009 SUR