THE HON'BLE MR JUSTICE G.CHANDRAIAH CONTEMPT CASE No.987 of 2010 Date: 20.09.2010 Between: Mr.B.K.Naik. ……….Petitioner. And Sri S.Prasada Rao, Managing Director, A.P.S.R.T.C., Musheerabad, Hyderabad and others. ……….Respondents. THE HON'BLE MR JUSTICE G.CHANDRAIAH CONTEMPT CASE No.987 of 2010 ORDER: This Contempt Case is filed by the petitioner seeking to punish the respondents for violation of the order passed by this Court in WPMP No.9130 of 2010, dated 21.4.2010. The petitioner filed Writ Petition No.7072 of 2010 seeking for declaration that the action of the respondents in not preparing the integrated seniority list of all the divisional cadre posts in Tirupathi Region without reference to cut off date of 14.11.1994 and also for declaration that the action of the respondents in promoting the Schedule Tribe Conductors/Drivers who recruited on or after 14.11.1994 for promotion to the post of Assistant Depot Clerk/Controller ignoring the claim of Schedule Tribe Conductors/Drivers recruited in Tirupathi Region prior to 14.11.1994 and other consequential directions. The petitioner also filed WPMP No.9130 of 2010 in WP No.7072 of 2010 under Section 151 of CPC seeking a direction to the respondents restraining them from making promotion to the cadre of Assistant Depot Clerk/Controller without preparing the integrated seniority list of Conductors/Drivers without reference to the cut off date i.e., 14.11.1994 pending disposal of the writ petition. By order dated 21.4.2010, this Court granted the interim order as hereunder:- “There shall be interim direction to the respondents to consider the case of the petitioner for promotion, as per the rules.” However, that the said issue has not been complied with by the respondents and thereby they violated the order passed by this Court, which is sought in the Contempt Case to punish the respondents as the action of the respondents would amounts to deliberate and willful disobedience of the order passed by this Court. On behalf of the respondents, a counter affidavit has been filed by the Regional Manager, APSRTC narrating the facts and circumstances of the case with regard to the integrated seniority of the petitioner. It is also stated in Para No.9 of the counter affidavit that the Regional Manager issued proceedings dated 12.7.2010 vide No.E4/785(02)/2010-RM(T) duly considering the case of the writ petitioner. The writ petitioner is not eligible for promotion as he is placed at Sl.No.1603 and promotions were issued up to Sl.No.938. The case of the writ petitioner for promotion will be considered as and when he is eligible based on his seniority. To that effect, the respondents also issued the proceedings dated 12.7.2010 and photocopy of the same is also served on the petitioner. This Court by way of interim order referred to above directed the respondents to consider the case of the petitioner for promotion as per the rules. The respondents are issued the proceedings dated 12.7.2010 considering the case of the petitioner. Therefore, in view of the same, it cannot be said that the respondents are violated the order passed by this Court, as such, I do not find any reason to hold there is a contempt of court on the part of the respondents. Therefore, the contempt case fails and it is accordingly dismissed. However, it is open for the petitioner to challenge the said proceedings, if so advised. The order passed in the contempt case does not come in any way of the petitioner in the event of challenging the proceedings issued by the respondents. ____________________ Justice G. Chandraiah Date:28.09.2009. mrb