% IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE G. RAMAKRISHNA PRASAD CONTEMPT CASE NO: 4767 OF 2024 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 punish the Respondents herein for their will full violation and deliberate disobedience of the orders passed by this Court in W.P. No. 32462/2023, dt.11.01.2024 Between: CHAKKA RAJA KULAYAPPA, S/o. Pedda Kullayappa, Age 61 yrs, Occ. Asst.B.C.Welfare Officer, District BC Welfare Office, Dharmavaram, Sri Satya Sai District. Puram Balaji,, S/o P.Venkata Ramana, Age 58 yrs, Occ. B.C.Welfare Officer District, BC Welfare Office, Kadiri, Sri Satya Sai District 1. 2. ...PETITIONER AND DR POOLA BHASKHAR IAS, Principal Secretary, B.C.Welfare, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 1. Dr. A. Mallikarjuna, I.A.S., Director, B.C.Welfare, 2nd Floor, Vishal Residency, Near V.R.Siddartha College, Tadigadapa, Kanuru, Vijayawada-520007 2. . # #■ 3. Dr. Sreedhar Cherukuri, I.A.S., District Collector, Kadapa District, at Kadapa. ...RESPONDENTS V.f . 5 Counsel for the Petitioner(s) : SRI. POODATTU AMARENDER Counsel for the Respondents : SRI NAGARAJU NAGURU The Court made the following ORDER : 1 APHC010567792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 4767 OF 2024 Between: 1.CHAKKA RAJA KULAYAPPA, S/0. PEDDA KULLAYAPPA, AGE 61 YRS, OCC. ASST.B.C.WELFARE OFFICER, DISTRICT BC WELFARE OFFICE, DHARMAVARAM, SRI SATYA SAI DISTRICT. 2.PURAM BALAJl,, S/0 P.VENKATA RAMANA, AGE 58 YRS, OCC. B.C.WELFARE OFFICER DISTRICT, BC WELFARE OFFICE, KADIRI, SRI SATYA SAI DISTRICT ...PETITIONER(S) AND 1.DR POOLA BHASKHAR IAS, PRINCIPAL SECRETARY, B.C.WELFARE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2.DR A MALLIKARJUNA I A S, DIRECTOR, B.C.WELFARE, 2ND FLOOR, VISHAL RESIDENCY, NEAR V.R.SIDDARTHA COLLEGE, TADIGADAPA, KANURU, VIJAYAWADA-520007 3. DR SREEDHAR CHERUKURI I A S, DISTRICT COLLECTOR KADAPA DISTRICT, AT KADAPA. ...CONTEMNOR(S): Counsel for the Petitioner(S): 1.POODATTU AMARENDER Counsel for the Contemnor(S): 2 1.NAGARAJU NAGURU The Court made the following ORAL ORDER: Heard Sri S. Bhaskar, Ld. Counsel representing Sri Poodattu Amarender, Ld. Counsel for the Petitioners and Sri Naga Raju Naguru, Ld. Counsel for the Respondents. The order of this Court against which the present Contempt Petition is filed is passed in W.P.No.32462 of 2023 on 11.01.2024 (Ex.P.1). The operative portion of the said Order is as under: 2. (C 3. Having considered the request of the Learned Counset for the Writ Petitioners, this Court deems it appropriate to dispose of this Writ Petition with a direction to the Competent Authority to consider the Representation submitted by the Writ Petitioners dated 16.10.2023 (Ex.P7) and pass a Speaking Order within four (04) weeks from today and convey such decision to the Writ Petitioners forthwith. The Writ Petitioners are directed to submit a copy of this Order along with photocopy of the Representation dated 16.10.2023 (Ex.P7) to the Competent Authority within two weeks from the date of uploading of this Order on the website of this Court.” 3. The above extract would indicate that this Court has directed the Competent Authority to consider the Representation submitted by the Petitioners dated 16.10.2023 within a period of four weeks from 11.01.2024. Sri Nagaraju Naguru, Ld. Counsel for the Respondents submits that the Respondent No.1 namely the District Collector has to consider the Representation of the Writ Petitioner. It is the submission of the Ld. Counsel for the Respondents that the Petitioners have submitted the copy of the Representation dated 16.10.2023 once again on 10.04.2024 to the Principal Secretary, BC Welfare and the same was forwarded to the Competent Authority viz., the District Collector, Kadapa District on 30.09.2024. The Speaking Order was passed on 05.11.2024 in compliance with the directions of this Court. Ld. Counsel for the Writ Petitioners would submit that the 4. 3 9^ District Collector is not the Competent Authority to consider the Representation of the Petitioners and it is the Government of Andhra Pradesh through the Respondent No.1 who ought to have considered the Representation and pass a Speaking Order. 5. Sri Naga Raju Naguru, Ld. Counsel for the Respondents has placed on record the G.O.Ms.No.36 Backward Classes Welfare (P2) Department, dated 09.07.1996, by which the Andhra Pradesh Backward Classes Welfare subordinate service Rules, 1996 were notified. Ld. Counsel for the Respondent has taken this Court through the table under ‘Rule-3’ in the above said G.O indicating the ‘Method of appointment and the appointing Authority’. He has drawn the attention of this Court to Serial No.2 of the said Rules, wherein, it is shown at Category 2(a) - Warden Grade-1, 2(b) - Matron Grade-1 and the Competent Authority for promotions is shown as ‘Collector’. From the above facts, it appears that the Petitioners themselves have not adhered to the directions of this Court to submit the copy of the Representation within the time scheduled. While the Order of this Court was passed on January-2024, the Petitioners have submitted the copy of the Representation to the Respondent No.1 in the month of April-2024. Since the Respondent No.1 is not the Competent Authority, the said Representation was once again forwarded to the Competent Authority i.e., the District Collector in the month of September-2024. In the month of November-2024, the Competent Authority has passed the Speaking Order. In this view of the matter, this court is of the opinion that the Petitioners have miserably failed to make out a Case of Contempt against the Respondents/Contemnors. 6. 7. Accordingly, this Contempt Case is dismissed inasmuch as the Petitioner has failed to make-out a case of Contempt. No order as to costs. 4 if any stand closed in terms of this order. SD/- K.TATA RAO deputy registrar Interlocutory Applications, 8, //TRUE COPY// SECTION OFFICER To, Principal Secretary, B.C.Welfare, Secretariat 1. Dr Poola Bhaskhar IAS Velagapudi, Amaravathi, Andhra Pradesh. 2. Dr. A. Mallikarjuna, I.A.S., Director B.C.Welfare, 2nd Floor, Vishal Residency, Near V.R.Siddartha College, Tadigadapa, Kanuru Vijayawada-520007 3. Dr. Sreedhar Cherukuri, I.A.S., District Collector, Kadapa District, at Kadapa. POODATTU AMARENDER Advocate [OPUC] NAGARAJU NAGURU Advocate [OPUC] 4. OneCCto SRI 5. OneCCto SRI 6. THREE CD COPIES TAC HIGH COURT DATED:21/04/2025 ORDER CC.No.4767 of 2024 DISMISSING THE CONTEMPT CASE WITHOUT COSTS