THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CONTEMPT CASE No.1546 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner filed this Contempt Case complaining that the respondents have wilfully and deliberately disobeyed the order of this court, dated 07-04-2009 passed in W.A.No.389 of 2006. The petitioner filed W.P.No.25712 of 2005 seeking a direction to the respondents to consider his case for appointment as Attender or to any other suitable post. The said writ petition was dismissed by this court, vide order, dated 02-12-2005 on the ground that providing appointment on compassionate grounds to the dependents of the employees, who are retired on medical invalidation, was discontinued with effect from 13-02-2004. Aggrieved by the same, the present writ appeal has been filed and the same was disposed of by this court on 07-04-2009 permitting the petitioner to make a representation to the authorities concerned within two weeks from the date of receipt of a copy of the order, and if any such representation is made, the respondents are directed to consider and dispose of the same within four weeks thereafter in accordance with the order of the respondent company in S.O.O.(CGM-HRD) Ms.No.167, dated 12-12-2008. It is stated that pursuant to the order of this court, dated 07-04-2009, the petitioner made a representation to the respondents and the 3rd respondent considered and rejected the said representation vide letter, dated 04-06-2009 on the ground that the father of the petitioner Sri Sk.Mohiddin Saheb, Junior Lineman, was retired from service on medical invalidation on 28-02-2004 and at the time of his retirement, there was no scheme that was operating for appointment on compassionate grounds and the newly adopted scheme is not applicable to the petitioner, since the Scheme is in force with effect from 12-12-2008. Learned counsel appearing for the petitioner submits that the said rejection letter is contrary to law and, therefore, there is a wilful violation of the order of this Court. We are of the opinion that the legality and validity of the rejection letter of the 3rd respondent, dated 04-06-2009, cannot be decided in this Contempt Case, therefore, it cannot be said that the respondents wilfully and deliberately violated the order of this court. Accordingly, the contempt case is dismissed. The petitioner is at liberty to question the legality and validity of the letter, dated 04-06-2009, in accordance with law, if he is so chooses. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 18-01-2010 Prv