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2025 DAILYLAW 45126 (AP)

A. Kedareswara Rao v. Sri B. Rajasekhar, IAS

CC/1075/2020 · 2025-01-19

Maheswara Rao Kuncheam, R Raghunandan Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CONTEMPT CASE Nos: 1074 & 1075 OF 2020 THE CC Nq.: 1074 of 2020: 12 of Contempt of Courts Act 1971 Petition under Sections 10 to the circumstances stated in the affidavit file herein the High punish the respondents for their willful W.P.No.3879 of praying that in Court may be pleased to disobedience to the order dated 17.02.2020 passed in 2020. Between: C. Jonathan, Lecturer in Economics, College, Buchireddy palem, SPSR Nellore District, S/o. C.E.Sravanandam, Age 59 year, Occ Part Time junior (MTS) S.K.R.S and D L N R Government Junior ...PETITIONER AND IAS Principal Secretary, School Education Department, 1. Sri B. Rajasekhar Secretariat, Velagapudi, Amaravathi, Guntur District. 2. Sri P. Rama Krishna, IAS Commissioner of Intermediate Education, State of AP, Vijayawada, Krishna District. Regional Joint Director, Intermediate Education, Guntur, 3. Smt. J. Padma, Guntur District. 4. Sri Dr. A. Sreenivasulu, principal, S.K.R.S and D L N R Government Junior College, Buchireddypalem, SPSR Nellore District ... RESPONDENTS I Counsel for the Petitione Counsel for the r: SRI. Respondents; pamarthi KAMESWARA RAO SRI. RAO 0^2020: Petition under Sections 10 to 12 of circumstances stated / pleased to praying that in the ci Court Contempt of Courts 'r> the affidavit file , respondents for passed in W.p. Nq Act 1971 herein the High may be disobedience of 2020. Between: A. Kedaresw, punish the , to the order dated '^7-02.2020 their willful 3839 Rao. s/o. Dali Bandu ^hysics,(MTS)Go junior Lecturer ^iziana - 3ged about 59 vernment Junior Colleg Voars. Occ. Part Time e. Parvatfiipuram, SaramDistr/ct -PETITIONER AND 1- SriB. Rajasekhar lA 9 ti-. ri ■ 2. SriP. Secretary, School Education 3thi, Guntur District ^s'oner Of intermediate ^eiagapudi, Amarav Rama Krishna iAS, The Commissi State of AP, 2- Sri T. Venkat Vijayawada, Education Krishna District. NageswaraRao Rarvathipuram Education, 4. SriY. intermediate Vizian ^'’"'’""“P"'’G°''ernment Vizianagaram District. Junior College, Counsel for the Counsel for the Petitioner: SRI. Respondents; SRI. RAMALINGESWARA ng Common Order; ROCHARLA KOTA The Court RAO made the folios,- APHC010280462020 tN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CONTEMPT CASE Nos.: 1074 & 107S nf 7n?n CONTEMPT CASE NO: 1074;?n?n Between: C. Jonathan [3508] RAO ...PETITIONER AND Sri B Rajasekhar and Others Counsel for the Petitioner: 1.PAMARTHI KAMESWARA RAO Counsel for the Contemnor(S): 1.RAMALINGESWARA RAO KOCHARLA KOTA CONTEMPT CASE NO: 1075/2020 Between: A. Kedareswara Rao ...CONTEMNOR(S) ...PETITIONER AND Sri B Rajasekhar las and Others Counsel for the Petitioner: 1.PAMARTHI KAMESWARA RAO Counsel for the Contemnor(S): 1.RAMAUNGESWARA RAO KOCHARLA KOTA ...CONTEMNOR(S) 4 2 RRR, J & MRK, J C.C.Nos.1074 & 1075 of 2020 The Court made the following common order: (per Hon’ble Sri Justice R. Raghunandan Rao) As the issues in both these case are one and the same, they are being disposed of, by way of this common order. 2. In both these cases, the petitioners are working as part-time junior lecturers in Junior Colleges in Vizianagaram and SPSR Nellore District. They had approached the A.P. Administrative Tribunal, by way of O.A.Nos.2280 of 2018 and 2810 of 2018, seeking continuation of their services as part-time lecturers, till they attain the age of 60 years. 3. The A.P. Administrative Tribunal, by an order, dated 09.10.2018 in O.A.No.2280 of 2018 and by an order, dated 18.12.2018 in O.A.No.2810 of 2018, had directed that the petitioners were to be continued as part-time lecturers till they attain the age of 60 years. Aggrieved by the non-implementation of these orders, the 4. petitioners have approached this Court, by way of W.P.Nos.3839 of 2020 and 3879 of 2020, for implementation of the order of the Tribunal. This Court, by orders, dated 17.02.2020, in both these Writ Petitions, had directed the respondents to take action as per the orders of the Tribunal and to pass appropriate orders, in accordance with law, within a period of one (01) month from the date of receipt of the order. 3 RRR, J & MRK, J CC.Nos. 1074 & 1075 of 2020 The respondents are said to have rejecte d the requests of the petitioners, by way of two separate orders, dated 12.(3.2020. Aggrieved by the said orders of rejection, the petitioners have way of these Contempt Cases. 5. approached this Court, by 6. The contention of the learned counsel for tf e petitioners was that the orders of the Tribunal required the respondents to continue the petitioners in service till they attain the age of 60 years and the same has not been done. He would further submit that the petitioners are suffering with monetary loss on account of not permitting the petitioners to continue and that the said order of rejection is clearly violative Court. as part-time lecturers the directions of the o The learned Standing Counsel, on the other hand, submits that both the writ petitioners had already attained the age of 30 years by the time the Writ Petition came to be disposed of by this Court and consequently, nothing further remained for implementing the orders of also submit that the respondent authorities had rejected petitioners for continuing them till they attain the age of efo years, by way of orders, dated 12.03.2020. 7. his Court. He would the requests of the 8. The order of the Tribunal, which was sought to be implemented, was to continue the petitioners till they attain the age of 60 years. It is an admitted fact on both sides that the petitioners had already 60 years, by the time this Court had passed orders in attained the age of the aforesaid Writ 4 RRR, J & MRK, J C.C.Nos.1074 & 1075 of 2020 Petitions. Consequently, the order had worked itself out as nothing further remained for implementation. 9. However, learned counsel for the petitioners would contend that the petitioners would still be entitled for payment of salaries, etc. in as much as they had been illegally removed from services before they had attained the age of 60 years, despite the orders of the Tribunal. In view of this fact, we do not find any reason to see that there has been violation of the directions of this Court and both the Contempt Cases are dismissed. However, it would always be open to the petitioners to agitate their rights in accordance with law. There shall be no order as to costs. 10. As a sequel, pending miscellaneous applications, if any, shall stand Sd/- V. DIWAKAR DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER To 1. Sri B. Rajasekhar, IAS Principal Secretary, School Education Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. Sri P. Rama Krishna, IAS Commissioner of Intermediate Education of AP, Vijayawada, Krishna District. 3. Smt. J. Padma, Regional Joint Director, Intermediate Education, Guntur Guntur District. 4. Sri Dr. A. Sreenivasulu, principal, S.K.R.S and D L N R Government College, Buchireddypalem, SPSR Nellore District. 5. Sri T. Venkateswara Rao, Regional Joint Director, Intermediate Rajahmundry, East Godavari District. 5. Sri Y. Nageswara Rao, The principal. Government Junior College, Parvathipuram, Vizianagaram District. 6. One CC to Sri Pamarthi Kameswara Rao, Advocate [OPUC] 7. One CC to Sri Ramalingeswara Rao Kocharla Kota, Advocate [OPUC] 8. Three CD .rnnicic State Junior Education RRR, J & MRK, J r r in7A R, 7075 of 2020 / J HIGH COURT DATED:20/01/2025 f 0 It 25^'' 2 & . Currenl Secuon ^ %ipeSPATCVi^?^ m CO. ORDER CC.No.1074 of 2020 & C.C.No.1075 of 2020 DISMISSING THE C.Cs WITHOUT COSTS.