THE HON’BLE SRI JUSTICE C.V.RAMULU CONTEMPT CASE No.602 of 2009 ORDER: This Contempt Case is filed complaining willful disobedience on the part of the respondents herein in complying with the order, dated 05.11.2008, passed by this Court in W.P.M.P.No.19356 of 2008 in W.P.No.14979 of 2008, whereunder the respondents were directed to examine the eligibility of the petitioners for payment of Rs.65/- on par with other Coach Builders, and pass appropriate orders within a period of six weeks from the date of receipt of a copy of the order. There is no necessity of going into all the details. At paragraph 4 of the counter affidavit filed by the 2nd respondent, it is stated as under: “I submit that earlier also the petitioners made a representation to the Regional Manager that non-ITI candidates are getting higher pay than the ITI candidates and requested for rectification of difference of Rs.65/- between the non-ITI and ITI candidates. That representation was examined and rejected on 14.5.2008. Questioning the same, the petitioners herein filed the present W.P.No.14979/2008 before this Hon’ble Court and as per interim orders in WPMP.No.19356/2008 dated 5.11.2008, the case of the petitioners were once again examined and proceedings dated 26.6.2009 was issued rejecting their claim. I submit that the Special Grade Scales of ITI and Non-ITI Artisans Gr.I being not identical, the variance reported consequent on fixing their respective pays in respective special Grade Scales cannot be treated as Pay anomaly for stepping up the pay of the ITI Artisans Gr.I (petitioners) on par with the pay of Non-ITI Artisan Gr.I. Further the petitioners are working as Helpers and their pay scale is two steps below the Pay scale of the coach builders which is shown hereunder: Artisan Gr.I: 4730-120-5810-130-6460-135-7135-150-8335-160- 9775-170-10795 Non-ITI Scale: 4790-120-5870-130-6520-145-7245-150-8295-160- 9415-170-10795 (Spl. Grade) ITI Scale (Spl.Gr): 5340-155-7045-1170-9765-185-11245-195-12610. Helper Non-ITI Scale: (Spl.Gr) 4240-120-5680-130-7110-135-7380-140-8500-160- 9780-165-10110 Helper-ITI Spl Gr. 4485-120-5805-130-6455-135-7265-150-8315-160- 9755-170-10435. It is submitted that orders of this Hon’ble Court have been complied with and proceedings dated 26.06.2009 was issued rejecting the claim of the petitioners. In view of the proceedings dated 26.06.2009 issued by this respondent, fresh cause of action arises and as such contempt proceedings are not maintainable…” In view of the above, it cannot be said that the respondents have committed the contempt of the orders dated 05.11.2008 of this Court complained to be not complied with in the present contempt case and they are liable for punishment. Thus, the contempt case is devoid of merits and is liable to be dismissed. The contempt case is, accordingly, dismissed. However, this will not preclude the petitioners from working out the remedies available to them as per law. _____________ C.V.RAMULU,J 03.06.2009 v v