Shaik Abdul Khaleel v. Sri Siva Sankaran, Vice-Chairman and Managing Director, A.P.S.R.T.C., Musheerabad, Hyderabad

Sri Siva Sankaran, Vice-Chairman and Managing Director, A.P.S.R.T.C., Musheerabad, Hyderabad. … Respondent THE HONOURABLE SRI JUSTICE G. CHANDRAIAH C.C. No.250 of 2004 ORDER: This contempt case has been filed seeking to initiate action against the respondent under Section 10 to 12 of the Contempt of Courts Act, 1971 for not implementing the orders of this Court passed in W.P. No.20115 of 2003 on 22.09.2003 and punish the respondent in accordance with law. The case of the petitioner, in brief, is that he filed I.D. No.93 of 1998 questioning the proceedings dated 03.11.1997, removing the petitioner from the service, and the same was allowed by the learned Labour Court, Guntur, by award dated 04.04.2001. In pursuance of the said award, the respondent Corporation reinstated the petitioner into service and posted to work at Udayagiri depot. Assailing the award passed by the learned Labour Court, the respondent Corporation filed W.P. No.1821 of 2002 and obtained interim suspension of the award in W.P.M.P. No.2144 of 2002 on

01.02.2002, so far as it relates to payment of back wages, on condition of the Corporation depositing half of the back wages. Further it is submitted that as there was no appeal against the order of interim suspension, the respondent Corporation has to fix the notional increments and other benefits for out of employment period and pay arrears with effect from his reinstatement, but the Corporation has failed to fix his pay by allowing all benefits for out of employment period i.e. from the date of suspension to date of reinstatement. Questioning the said action, the petitioner filed W.P. No.20115 of 2003 and the same was disposed of by order dated 22.09.2003 with a direction to the respondent Corporation to consider and pass appropriate orders in fixing of the pay of the petitioner, taking into account the award of the Labour Court and interim orders passed by this Court in W.P.M.P. No.2144 of 2002 on 01.02.2002. Such orders shall be passed within a period of six weeks from the date of receipt of a copy of the order. It is further submitted that the respondent Corporation without following the orders of this Court passed in WPMP. No.2144 of 2002 on 01.02.2002 rejected the claim of the petitioner referring the Circular Nos.91/11, dated 30.09.1999, 74/2000, dated 15.12.2000 and SLP. No.10155 of 2000, which are no way concern with the claim of the petitioner. Eventually, he submitted that the respondents passed the proceedings dated

28.11.2003 intentionally to misguide this Court by referring and aforesaid circulars. Hence, the present contempt case. On behalf of the respondent Corporation, counter affidavit has been filed, inter alia, stating that since the petitioner was removed from service from Atmakur depot and he is presently working at Udayagiri depot, the Regional Manager, Nellore, who is having jurisdiction over both depot Managers of Udayagiri and Atmakur depots, and being a superior authority, had exercised the powers in regard to fixing of pay of the employee and to draw the notional increments. Therefore, the Regional Manager accordingly has considered the representation of the petitioner made to the depot Manager, Udayagiri and issued proceedings dated 28.11.2003 informing that the petitioner is not entitled to claim notional increments. Further it is also submitted that the petitioner was drawing basic pay of Rs.3,488/- and consequent on his reinstatement, his basic pay was fixed at Rs.4,970/- as on

01.04.2001 in the revised pay scales of 2001. His pay is fixed at Rs.5,085/- as on 22.11.2002 and at Rs.5,200/- as on 01.11.2003. Thus the order passed by this Court was complied with. From a perusal of the record, this Court on 22.09.2003, while disposing of the W.P. No.20115 of 2003 directed the respondent Corporation to consider and pass appropriate orders in fixing of the pay of the petitioner, taking into account the award of the Labour Court and interim orders passed by this Court in WPMP. No.2144 of 2002 dated 01.02.2002 and such order shall be passed within a period of six weeks from the date of receipt of a copy of the order. In pursuance of the said orders, passed by this Court, the respondent Corporation has passed proceedings dated 28.11.2003 informing that the petitioner is not entitled to claim notional increments and his basic pay was fixed as stated above. In view of the above, it cannot be said that the respondent Corporation has not complied with the orders passed by this Court and liable for punishment. However, it can be said that the Corporation has passed the proceedings within the stipulated period by fixing the pay of the petitioner. Having regard to the facts and circumstances of the case, I do not see any contempt of the order of this Court by the respondent Corporation. Accordingly, the contempt case is dismissed. However, the petitioner is at liberty to question the validity of the proceedings dated 28.11.2003, if he is so desired. There shall be no order as to costs. Date: 30.04.2010 LSK ___________________________​ JUSTICE G. CHANDRAIAH ​ ​