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High Court of Andhra Pradesh · body

2025 DAILYLAW 43688 (AP)

P CHALAPATHI v. K. VIJAYANAND, IAS

CC/2264/2025 · 2025-10-16

Subba Reddy Satti

body2025

Judgment text

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APHC010272422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 2264/2025 Between: 1. P CHALAPATHI, S/O. P.V. KONDAPPA, AGE 62 YEARS, OCC RTD., LINEMAN, R/O. 1-22, THERANNAPALLI VILLAGE AND POST, TADIPARTI MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. 2. C. CHANDRAHASA REDDY, S/O. ASWARTHA REDDY, AGE 61 YEARS, OCC RTD., LINEMAN, R/O. 5/17, NARAYANA SWAMY COLONY, YADIKI VILLAGE, POST AND MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. 3. B. NARAYANA REDDY, S/O. PEDDI REDDY, AGE 61 YEARS, OCC RTD., LINEMAN, R/O. 26-4-531, NEAR SACHIVALAYAM, WARD-4, THYAGARAJA NAGAR, HINDUPUR, SATYA SAI DISTRICT, ANDHRA PRADESH. 4. S. RAJAMOHAN REDDY, S/O. OBI REDDY AGE 63 YEARS, OCC RTD., LINEMAN, R/O. 1/68, EAST PALEM STREET, TADIPATRI VILLAGE, POST AND MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. 5. B. VENKATA NARASAIAH, S/O. B. PEDDA NARASAIAH, AGE 61 YEARS, OCC RTD., LINEMAN, R/O. 2-27, SAI BABA NAGAR, KRISTIPADU VILLAGE AND POST, PEDDA VADUGURU MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH-515455. 6. M. RAMA KRISHNA RAO, S/O. SESHAGIRI RAO AGE 67 YEARS, OCC RTD., JUNIOR LINEMAN, R/O. 13-1-968, REVENUE COLONY, RAMACHANDRA NAGAR, ANANTAPUR DISTRICT, 2 ANDHRA PRADESH-515001. 7. B. CHOWDANNA, S/O ERAPPA, AGE 61 YEARS, OCC RTD., LINEMAN, R/O. 10-455/A, THARIMALA ROAD, KALLURU VILLAGE AND POST, GARLADINNA MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH-515774. 8. C. AHOBILAPPA, S/O. ERAIAH, AGE 64 YEARS, OCC RTD., LINEMAN, R/O. 13-156, K. GUNDUMALA PANCHAYAT, VILLAGE AND POST, MADAKASIRA MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515291. 9. S. ASWATHANARAYANAPPA, S/O. SUBBANNA, AGE 63 YEARS, OCC RTD., LINEMAN, R/O. 4-63, JEKKEPALLI VILLAGE, GUDDAMPALLI POST, MELAVOYI PANCHAYAT, MADAKASIRA MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515291. 10. GORLA ADINARAYANA REDDY, S/O. GOVINDA REDDY AGE 62 YEARS, OCC RTD., LINEMAN, R/O. 1-51, YERRAGUNTA VILLAGE, RAPTADU MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH- 515722. 11. M. ARUDAPPA, S/O. KANUKAPPA, AGE 60 YEARS, OCC RTD., LINE INSPECTOR, R/O. 2-170, RAMASWAMY TEMPLE BACKSIDE, WARD-4, KALYANADURG POST AND MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH-515761. 12. S. MYLARAPPA, S/O. SAKKARAPPA, AGE 67 YEARS, OCC RTD., ALM, R/O. 9-48, NR ROPPAM VILLAGE, RALLIPALLI POST, DUDIBANDA MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH- 515305. 13. KESAVA REDDY GARI HANUMANTHA REDDY, S/O. VIRUPAKSHI REDDY, AGE 64 YEARS, OCC RTD., ALM, R/O. 1-899, NAGIREDDY COLONY, PAMIDI VILLAGE AND POST, ANANTAPUR DISTRICT, ANDHRA PRADESH-515775. 14. M. NAGARAJU, S/O. MALLAPPA, AGE 60 YEARS, OCC RTD., LINEMAN, R/O, 2-71, SC COLONY, MECHIRI VILLAGE AND POST, RAYADURGAM MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH-515865. 15. 5. M. KHURSHEED BASHA, S/O. K. MAHABOOB ALI AGE 67 YEARS, OCC RTD., LINEMAN, R/O. 15/38/2, SAI NAGAR, 3 MADAKASIRA MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515301. 16. E. DEVARAJAIAH, S/O. GAMBA EERAPPA AGE 66 YEARS, OCC RTD., LINEMAN, R/O. 2-167, MADHUDI VILLAGE POST, AGILI MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515311. 17. M.C. HAMPE GOWD, S/O. CHANNA BASAVE GOWD, AGE 62 YEARS, OCC RTD., LINEMAN, R/O. 4-106, P.C GIRI VILLAGE, C GIRI POST, DIDIBANDA MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515271. ANDHRA PRADESH-515311. 18. K. VENKATA RAMANAPPA, S/O. GANGADHARAPPA, AGE 63 YEARS, OCC RTD., LINEMAN, R/O. 13-41, SCOLD COLONY, RODDAM VILLAGE, POST MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515123. 19. N. ASWARTHANARAYANA REDDY, S/O. NAGIREDDY, AGE 61 YEARS, OCC RTD., LINEMAN, R/O. 7-62, ALUPANAPALLI, RAPTHAGIRI VILLAGE POST, ROLLA MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515321. 20. G.S. JAGANNATH, S/O. SIDDAPPA, AGE 61 YEARS, OCC RTD., LINEMAN, R/O. 4/90, ALUDI VILLAGE POST, AGILI MANDAL SATYA SAI DISTRICT, 21. R.D. ASWARTHANARAYANA, S/O. LATE DALAPPA, AGE. 67 YEARS, OCC. RTD., LINEMAN, R/O. 6-216D, ROLLA VILLAGE, POST AND MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH- 515321. 22. S.A. SATTAR, S/O. KHAJA HUSSAIN, AGE. 63 YEARS, OCC. RTD., LINENNAN, R/O. 8-99-1C5, MADAKASIRA VILLAGE, POST AND MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515301. 23. H. KANTHAPPA, S/O. GOVINDAPPA, AGE. 64 YEARS, OCC. RTD., LINENNAN, R/O. 3-84, KALIPI VILLAGE AND POST, RODDAM MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515124. 24. K. RAJASEKHAR RAO, S/O. K.L. NARAYANARAO AGE. 61 YEARS, OCC. RTD., LINEMAN, R/O. 1-2, BASAVANAPALLI VILLAGE AND POST, AMARAPURAM MANDAL SATYA SAI DISTRICT, ANDHRA PRADESH-515305. 4 25. S. KHADAR BASHA, S/O. SHAIK HANEEF, AGE. 67 YEARS, OCC. RTD., LINEMAN, R/O. 15-101, SAI NAGAR TEMPLE ROAD, MADAKASIRA VILLAGE, POST AND MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515301. 26. M. NARAYANA REDDY, S/O. NANJI REDDY, AGE- 64 YEARS, OCC RTD., LINEMAN, R/O.1-55, C. KODIGEPALLI POST, MADAKASIRA MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515303. 27. E. JAYARAMULU, S/O. VENKATAIAH, AGE 63 YEARS, OCC RTD., LINEMAN, R/O. 11-66, RODDAM VILLAGE, POST AND MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515123. 28. P. NAGARAJU, AGE 63 YEARS, OCC RTD., LINEMAN, R/O. 9-65, BOREDDIPALLI VILLAGE, PARIGI MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515261. 29. S. HYDARVALI, S/O. S. RASUL SAB, AGE 60 YEARS, OCC RTD., LINEMAN, R/O. 5-108, GOLLAPALLI VILLAGE, PARIGI MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515261. 30. B, NARSIMHULU, S/O. THIMMAIAH, AGE 64 YEARS, OCC RTD., LINEMAN, R/O. 1-111, YARRAGUNTA VILLAGE, PARIGI MANDAL, SATYA SAI DISTRICT, ANDHRA PRADESH-515261. ...PETITIONER(S) AND 1. K VIJAYANAND IAS, PRINCIPLE SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. MR PEEYUSH KUMAR IAS, PRINCIPLE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to summon and punish the respondent U/Secs.10 to 12 of the Contempt of Courts Act for their willful disobedience towards the interim order dt.20-01-2025 passed by this Hon'ble Court in WP No.28755 of 2024 and pass 5 Counsel for the Petitioner(S): 1. PEETA RAMAN Counsel for the Contemnor(S): 1. NAGARAJU NAGURU 2. The Court made the following: ::ORDER:: The above contempt case is filed, complaining of the non- implementation of the order dated 20.01.2025 in W.P.No.28755 of 2024. 2. A batch of writ petitions was disposed of, directing the respondents 3 and 5 to take an appropriate decision in pursuance of Lr.No.CMD/CGM(HRD)/GM(HR-II)/DGM(Pension)/PO(Pension)/JPO/ D.No.401/24, dated 18.07.2024, regarding the extension of pensionary scheme benefit i.e. GPF to the petitioners, strictly as per the Rules, as expeditiously as possible. 3. Heard Sri Peeta Raman, learned counsel for the petitioners and Sri Nagaraju Naguru, learned counsel for the respondents. 4. Learned counsel for the petitioners would submit that, pending the contempt case, the 1st respondent passed a cryptic order vide Letter No.ENE01-STMT0MISC/80/2024-OP, dated 23.07.2025, without assigning any reasons and hence, the respondents violated the order passed by this Court. 5. Learned counsel for the respondents would submit that the representations made by the employees have been considered, and the competent authority passed the order dated 23.07.2025. If the petitioners are 6 aggrieved by the order, they can challenge the proceedings issued by the 1st respondent before the appropriate forum. 6. In J.S.Parihar v. Ganpat Duggar and Others1, the Hon’ble Apex Court observed as under: “….once there is an order passed by the Government on the basis of the directions issued by the Court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity with the directions. But that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But that cannot be considered to be the wilful violation of the order. After re- exercising the judicial review in contempt proceedings, afresh direction by the learned Single Judge cannot be given to redraw the seniority list. In other words, the learned Judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. It would not be permissible under Section 12 of the Act. …” 7. On perusal of the entire material on record, the writ petitions were disposed of, directing the respondent authorities to decide on the extension of pensionary scheme benefit. In the letter dated 23.07.2025 issued by the 1st respondent, it was mentioned that the Government rejected the proposal for extending the pensionary scheme benefit, i.e. EPF to GPF, to the employees who joined between 01.02.1999 to 01.09.2004 in the power utilities viz., APTRANSCO, APGENCO, APEPDCL, APCEDCL, APSPDCL, keeping in view the huge financial burden. 8. Thus, as seen from the letter dated 23.07.2025, the Government took a decision and rejected the proposal. Though the learned counsel for the petitioners would contend that no proper reasons were assigned in the letter 1 (1996) 6 SCC 291 7 dated 23.07.2025, in the considered opinion of this Court, the contention does not constitute willful disobedience. 9. Since the 1st respondent issued a letter dated 23.07.2025, this Court opines that the respondents have not committed any contempt. 10. Accordingly, the Contempt Case is Closed, leaving it open to the petitioners to challenge the Letter No.ENE01-STMT0MISC/80/2024-OP, dated 23.07.2025. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 17.10.2025 SNI 8 205 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 2264/ 2025 Date: 17.10.2025 SNI