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m APHC010446862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINTH DAY OF JULY fS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 4434 OF 2024 Contempt Case filed under Sections 10 to 12 of Contempt of Courts Act, 1971, r/w Article 215 of Constitution of India, to punish the Respondents willful violation orders passed by this Hon’ble Court 3660 of 2024. for on 19.02.2024 in WP No. Between:
1. Vadde Balakrishna, S/o. Nookaraju, Aged about 33 Place of working; GP School (TW), Ukkurbha, ASR District. 2. Samireddi Dalapathi, S/o. Thrinadh, Aged about 32 Place of working: GPS (TW), Munchanagiputtu Mandal, Visakhapatnam District. 3. Vanchurba Mohan Dora, S/o Apparao, Age; 20/03/1984,
39. EID-
0258417. Occupation: SGT, Eligible for;- SA Biology. Appointment: 13/03/2013. Place of Working; GPS TW Agampadu G.Madugula Mandal, ASR District. 4. Thangula Vijayarao, S/o Thangula Sunkra, (TW) School, Karasaliguda Village Valtheru Post, Arakuvalley Mandal, ASR District. years, Occ: SGT, Pedabayalu Mandal, years, Occ; SGT, EM ID; 0258125, Jarripada Date of Age 34 years, Occ; GP Permanent Address; Kikkitiguda ...Petitioners
» 'S AND
1. Sri Kanthilal Dande, Principal Secretary Tribal, Government of Andhra Pradesh Tribal Welfare Department, Secretariat, Velagapudi Srimathi A.P.
2. S.Bhargavi, Commissioner/Director of Tribal Government of Andhra Pradesh, Near Khandara Hotel Vijayawada. Srimathi M.Vijaya Sunitha, The District Collector District. Welfare,
3. Vishakhapatnam
4. Sri V.Abhisek, Project Officer, Integrated Tribal Development Agency ITDA, Paderu, Vishakhapatnam District ' ...Respondents lA NO:
1 OF 2Q2fi Petition under Rule 12 Sub-Rules-ll of Writ Proceedings that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to grant leave to to file reply affidavit to the counter affidavit in C.C No. 4434 of 2024 in WP No. 3660 of 2024. Counsel for the Petitioners: Sri M.Srikanth, Advocate Counsel for the Respondents: Sri K. Ramalingeswara Rao, Advocate The Court made the following order: 1977, praying the Petitioner
1 APHC010446862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 4434/2024 Between:
1. VADDE BALAKRISHNA, S/0. NOOKARAJU, AGED ABOUT 33 YEARS, OCC. SGT, PLACE OF WORKING GP SCHOOL (TW), UKKURBHA, PEDABAYALU MANDAL, ASR. 2.SAMIREDDI DALAPATHI, S/0. THRINADH, AGED ABOUT 32 YEARS, OCC. SGT, PLACE OF WORKING.
GPS (TW), EM ID 0258125, JARRIPADA, MUNCHANAGIPUTTU MANDAL, VISAKHPATNAM DISTRICT. 3.VANCHURBA.MOHAN DORA., S/O APPARAO AGE- 20/03/1984
39. EID- 0258417. OCCUPATION- SGT ELIGIBLE FOR- SA BIOLOGY. DATE OF APPOINTMENT 13/03/2013. PLACE OF WORKING -GPS TW AGAMPADU G MADUGULA MANDAL, ASR DIST. 4.THANGULA VIJAYARAO,, S/O THANGULA SUNKRA, AGE 34 YEARS, OCC. GP (TW) SCHOOL, KARASALIGUDA VILLAGE PERMANENT ADDRESS- KIKKITIGUDAVALTHERU POST ARAKUVALLEY MANDAL ASR DIST. ...PETITIONER(S) AND 1.SRI KANTHILAL DANDE, PRINCIPAL SECRETARY TRIBAL, GOVERNMENT OF ANDHRA PRADESH TRIBAL WELFARE DEPARTMENT SECRETARIAT VELAGAPUDIA P 2.SRIMATHI S BHARGAVI, COMMISSIONER/DIRECTOR OF TRIBAL WELFARE, GOVERNMENT OF ANDHRA PFRADESH NEAR KHANDARA HOTEL VIJAYAWADA 3.SRIMATHI M VIJAYA SUNITHA, THE DISTRICT COLLECTOR
M 2 VISHAKHAPATNAM DISTRICT. 4, SRI V ABHISEK, PROJECT OFFICER INTEGRATED TRIBAL DEVELOPMENT AGENCY ITDA PADERU, VISHAKHAPATNAM DISTRICT ...CONTEMNOR(S): Counsel for the Petitioner(S):
1.M SRIKANTH Counsel for the Contemnor(S);
1. RAMALINGESWARA RAO KOCHARLA KOTA The Court made the following:
ORAL ORDER: Heard Sri M. Srikanth,
learned Counsel for the Petitioners and Sri Ramalingeswara Rao Kocharla Kota, learned Counsel for the Respondents. The present Contempt Case has been filed complaining of violation of paras 3 & 4 of the Order dated 19.02.2024 in W.P.No.3660 of 2024. Paras 3 & 4 of the said Order reads as under:
2.
“3. Para No.7 of the Written Instructions is extracted hereunder:
“Further it is submitted that, the vacancies earmarked for promotes not considered to the contract teachers for regularization in the vacancies meant for promotion. Hence, there are not violated the rules. ”
4. Since the Respondent Authorities have given the Written Instructions to the effect that the posts meant for promotees are not being touched for regularizing Contract Teachers, the present Writ Petition can be disposed of, by recording the undertaken given by the Project Officer.” It is the submission of the learned counsel for the Petitioners that the Official Respondents, contrary to the undertaking given before this Court, have filled-in the posts which are meant for promotees with the Contract Teachers in the process of regularization. However, vide Proceeding dated 15.03.2025 bearing Rc.No.B2/963/2025, the case of the Petitioners herein
3.
3 was also considered and the Respondents have promoted the Petitioners as well. Sri Ramalingeswara Rao Kocharla Kota,
learned Counsel for the Respondents submits that the Petitioners herein have also submitted the Joining Reports on 17.03.2025. At this stage,
learned Counsel for the Petitioners has drawn the attention of this Court to para 6 of the Counter Affidavit filed by the Project Officer, Integrated Tribal Development Agency (Respondent No.4) stating that the sanctioned posts under the promotion quota are 435 and that after filling certain posts by way of promotion from the eligible candidates, certain vacancies have arisen in certain feeder categories and therefore, 556 posts have fallen vacant for promotion.
Learned Counsel for the Petitioners would submit that the number of posts meant for promotion could not have exceeded 435 in number and that the averment made by the Respondent No.4 that 556 posts have fallen vacant under the promotion quota is factually incorrect. Having consideredthe same, this Court is of the view that in the present case, these discrepancies in the averments in the Counter Affidavit would not be looked into. The Court may consider these issues at an appropriate time appropriate Proceedings. Since the Petitioners have been promoted, the present Contempt Case is closed accordingly. Interlocutory Applications, if any, stand closed in terms of this order.
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Sd/- K TATA RAO \ DEPUTY REGISTRAR //TRUE COPY// OFFICER To,
1. Sri Kanthilal Dande, Principal Secretary Tribal, Government of Andhra Pradesh Tribal Welfare Department, Secretariat, Velagapudi, A.P.
/I\
2. Srimathi S.Bhargavi Commissioner/Director of Tribal Welfare, Government of Andhra Pradesh, Near Khandara Hotel Vijayawada.
3. Smt. M.Vijaya Sunitha, The District Collector, Vishakhapatnam District.
4. Sri V.Abhisek, Project Officer, Integrated Tribal Development Agency ITDA, Paderu, Vishakhapatnam District
5. One CC to Sri M.Srikanth, Advocate [OPUC]
6. One CC to Sri Ramalingeswara Rao kocharlakota. Advocate [OPUC]
7. Two CD Copies GPC NM
✓ HIGH COURT DATED: 09/07/2025
ORDER CC NO. 4434 OF 2024 1B OCT Curreni secison ii>£-SPATC^^^' ■ ,0^ ./Cj ft. C5\ rsi «.x- <M» 'v& .x" CLOSING THIS CONTEMPT CASE