THE HON’BLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE NO.517 OF 2011 Date:08.06.2011 Between:- P.Laxmipathi Rao .. Petitioner/Petitioner And J.S.V.Prasad. .. Respondent/Respondent. ORDER: The petitioner filed this Contempt Case seeking to punish the respondent herein, who is respondent No.1 in the writ petition, for his willful and deliberate disobedience of the order, dated 06.09.2008, in W.P.M.P.No.25212 of 2008 in W.P.No.19338 of 2008. 2. The petitioner filed W.P.No.19338 of 2008 seeking a direction to respondents to promote him to the post of Grade-II Executive Officer by taking into consideration the passing of Departmental Tests as criteria but not the seniority. He also filed W.P.M.P.No.25212 of 2008 pending consideration of the writ petition to direct respondent No.1 to consider his case for promotion to the post of Grade-II Executive Officer pursuant to the representation dated 29.05.2008. By order, dated 06.09.2008, this Court granted interim direction to the respondents to consider the case of the petitioner for promotion to the post of Grade-II Executive Officer by disposing of his representation purported to have been made on 29.05.2008, if he is otherwise eligible as per law, and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. 3. The learned Government Pleader raised two contentions. One is that the interim direction granted by this Court is on 06.09.2008 and the Contempt Case is filed in 2011. By virtue of Section 20 of the Contempt of Courts Act, 1971, the Contempt Case has to be filed within a period of one year. Therefore, the Contempt Case is barred by limitation and is liable to be dismissed. The second contention raised is that in compliance of the order, dated 06.09.2008, passed by this Court, the respondent-Commissioner, by considering the representation, dated 29.05.2008, said to have been filed by the petitioner, has passed order in proceedings No.D1/38640/2008, dated 09.03.2009, which reads as under:- “Sri P.Laxmipathi Rao, Sr.Asst. and Manager, Group Temples, Unduru Village, Ramachandrapuram Mandal, E.G.District has filed W.P.No.19338/2008 on the file of Hon’ble High Court seeking direction to appoint him as Executive Officer Gr-II by transfer of service and the Hon’ble High Court granted interim directions. It is informed that recently the posts of Executive Officer Gr-II has been filled up strictly adhering the provisions laid down under G.O.Ms.No.262 Rev.(Endts.-I) Dept. dt.20.05.2002 by virtue of order in Rc.No.D1/42862/2007, Dt.03.05.2008. The quota prescribed for the temple employees is already exhausted. As admitted by the petitioner in the above W.P. the petitioner stands at S.No.48 in seniority list of Zone-II. Since the quota of temple employees was already exhausted, his claim for appointment as Executive Officer by transfer of service is considered in detail and has been examined with reference to substantive material and is hereby deferred. He is specifically informed that as and when the vacancies arises his case will be considered as per Rules.” 4. In view of the fact that in compliance of the order passed by this Court, the respondent has already issued proceedings dated 09.03.2009, this Court is not inclined to go into the aspect of limitation and the Contempt Case is liable to be dismissed. 5. Accordingly, the Contempt Case is dismissed. There shall be no order as to costs. ____________________ G. CHANDRAIAH, J 08th June, 2011 AMD THE HON’BLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE NO.517 OF 2011 Date:08.06.2011 AMD