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2025 DAILYLAW 55385 (AP)

K.E. JAYARAMAPPA v. MR.K. VIJAYANAND IAS

CC/1370/2025 · 2025-09-18

Subba Reddy Satti

body2025

Judgment text

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APHC010249552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE Nos.1370, 1372, 1374, 1375, 1376, 1379, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2117 and 2118 of 2025 CONTEMPT CASE NO: 1370/2025 Between: K.E. JAYARAMAPPA ...PETITIONER AND MR K.VIJAYANAND IAS AND OTHERS ...CONTEMNOR(S) Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Contemnor(S): 1. RAMALINGESWARA RAO KOCHARLA KOTA 2. S PRANATHI The Court made the following: COMMON ORDER The above contempt cases are filed, complaining of the non- implementation of the orders passed by this Court in the aforementioned writ petitions. 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, Smt.S.Pranathi, Sri K.Ramalingeswara Rao, Sri G.Raju, Sri V.V.Satish, and Sri Venkata Rama Rao Kota, 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 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 1 (1996) 6 SCC 291 in the letter 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 Cases are 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 PVD