APHC010287012023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 3229/2023 Between: Syed Mohammad Hussain ...PETITIONER AND Chiranjeevi Chowdary and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. SIVA RAMA KRISHNA IRLA Counsel for the Contemnor(S): 1. G V S KISHORE KUMAR 2. V K NAIDU The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 3229/2023 ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 19.04.2023 passed by this Court in I.A.No.1 of 2023 in W.P.No.9600 of 2023. The operative portion of the said order is extracted hereunder: “Learned counsel for the petitioner draws the attention of this Court to an interim order passed by this Court in W.P.No.32532 of 2022 dated 15.05.2022. In terms of this Interim order, the respondents are directed to continue the petitioner in service up to the age of superannuation of 62 years, if otherwise entitled as per law, pending further orders.” 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. Learned counsel for the petitioner submits that the complaint of the petitioner herein is that even though this Court directed the respondents to continue the service of the petitioner, the respondents did not continue the service of the petitioner. By which, the respondents deviated/violated the orders of this Court. Hence, the Contempt Case. 4. On the other hand, learned counsel for the respondents filed counter- affidavit, wherein it is stated that G.O.Ms.No.15 dated 31.01.2022 and Andhra Pradesh Public Employment (Regulation of Age of Superannuation) 3 (Amendment) Act, 2022 (Act 4 of 2022) were not at all applicable to the petitioner. Since, the petitioner is working as NMR, he is not entitled for continuation of service up to 62 years. While passing the interim order this Court, specifically observed that if otherwise the petitioner is entitled as per law for service up to the age of 62 years. Therefore, in view of the terms of Act 4 of 2022, the petitioner is not entitled for continuation of service up to 62 years as like regular employees of respondent No.1. As such, as per law the petitioner is not entitled for continuation of service up to 62 years. Further as held by this Court in W.P.No.9600 of 2023, the NMR employees are not entitled for continuation of service up to 62 years on par with regular government employees as per Act 4 of 2022. In view of the same, the interim orders of this Court cannot be enforced and further submits that there is neither violation nor deviation in respect of the orders of this Court. Hence, the contempt case is liable to be closed. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents and on perusal of the Act 4 of 2022 read with G.O.Ms.No.15 dated 31.01.2022 and on perusal of the orders of this Court in W.P.No.9600 of 2023, it is observed that the petitioner being the NMR is not entitled for continuation of service up to 62 years on par with regular employees of respondent No.1. In view of the specific demarcation between the service of the petitioner and regular employees of respondent No.1, the service of the petitioner cannot be equated and the terms of Act 4 of 2022 cannot be 4 made applicable to the petitioner. Therefore, the actions of the respondents neither construed as violation nor deviation of the orders of this Court. 6. Accordingly, the contempt case is closed. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 19.02.2025 TTPPSS 5 522 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) CONTEMPT CASE NO: 3229/2023 19.02.2025 TTPPSS