Extracted from the PDF above. The PDF is authoritative.
APHC010217192024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 2945 OF 2024 Between:
1. B. Uma Shankar Naidu Babu,, S/o.B. Venkata Krishna Rao, Aged about 42 years, Occ Principal(Terminated) R/o.Madya Peta, Thimmaraju Peta Village,Munagapaka Mandal, Visakhapatnam District. ...Petitioner AND
1. N Syamala, W/o.T.Rajendra Prasad, Correspondent, The Rajiv Gandhi RECS, Polytechnic College, Kasimkota, Village and Mandal, Visakhapatnam District. ...Respondent Counsel for the Petitioner: B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent V V N NARAYANA RAO The Court made the following ORAL ORDER:
Heard Sri B. Abhay Siddhanth Mootha, learned Counsel for the Contempt Petitioner and Sri V.V.N. Narayana Rao, learned Counsel for the Respondent. 2. The present Contempt Case is filed complaining against the Respondent for non-payment of salary of the Petitioner of an amount of Rs.77,000/- per month. 2
3. The Petitioner has filed W.P.No.24335 of 2022 seeking reinstatement into service, inasmuch as the Respondent No.4 therein had terminated the service of the Petitioner as Principal of Respondent No.4 College without following the statutory provisions of law, particularly, sub-section (1) of Section 79 of Andhra Pradesh Education Act, 1982. 4. This Court having considered the case of the Petitioner, vide Order dated 27.02.2024 in W.P.No.24335 of 2022 had directed the Respondent No.4 to reinstate the Petitioner into service as Principal by setting aside the Order of termination dated 06.06.2022. 5. This Court has considered the prayer in the Writ Petition. It is noticed by this Court that, it is not the case of the Petitioner that he should be paid salary of Rs.77,000/- per month. In the Affidavit filed in support of the present Contempt Case, it has been stated that the Petitioner was paid salary of Rs.77,344/- per month up to October, 2019, and thereafter, the Respondents have paid the Petitioner an amount of Rs.39,500/- per month. 6. This Court is of the opinion that the issue with regard to the payment of salary is not a part of the ratio that is decided by this Court on 27.02.2024 in W.P.No.24335 of 2022, since this Court has never considered the aspect of salary in the Writ Proceedings.
The relief that is sought by the Petitioner in the present Contempt Case that he should get monthly salary of Rs.77,344/- instead of Rs.39,500/- per month cannot be granted because the same is dehors the prayer sought in the Writ Petition and dehors the relief that is in fact granted to the Writ Petitioner in the Writ Petition. 7. The fact is that the Petitioner had been reinstated into service from 09.09.2024 as a Principal in compliance with the Order of this Court dated 27.02.2024 in W.P.No.24335 of 2022. This Court is of the opinion that there is no contempt on the part of the Respondent. Accordingly, the present Contempt Case is closed. The Petitioner is granted liberty to agitate his claim
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of salary by initiating appropriate proceeding in accordance with law, if he is so advised. 8. With these observations and directions, this Contempt Case stands closed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 09.10.2025 JKS
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
CONTEMPT CASE NO: 2945 OF 2024
09.10.2025
JKS