V VINAY VIDYADHAR AND OTHERS Vs. ALOK RAWATH

JUDGEMENT

(1.) This Contempt case is instituted by the petitioners in W.P.No.24452 of 2010 complaining in a sense of willful and intentional violation of orders passed by this Court in the aforementioned writ petition on 30.11.2010.

(2.) One Sri V.Sambasiva Rao and 9 others, who were working as Assistant Chemists, Assistant Hydrogeologists etcetera approached the Central Administrative Tribunal, Hyderabad Bench (for short henceforth referred to as C.A.T) and instituted O.A.No.1032 of 1996 seeking a declaration that the exclusion of the posts of Assistant Chemists and Assistant Hydrogeologists in the pay scale of Rs.2000-3500 (pre-revised pay scale of Rs.650-1200) from the purview of Central Ground Water Board (Group-A posts) Recruitment Rules 1987, which were repealed by the Central Ground Water Board (Group-A posts) Recruitment Rules, 1995 as illegal. They also sought for a consequential direction for inclusion of the posts of Assistant Chemists and Assistant Hydrogeologists within the purview of Central Ground Water Board (Group-A posts) Recruitment Rules, 1995 with all attendant benefits to be granted on that basis. That O.A. was decided by the C.A.T. on 19.04.1999 and against the said judgment of the C.A.T. in O.A.No.1032 of 1996 the Union of India and the Chairman, Central Ground Water Board, Ministry of Water Resources have preferred W.P.No.22349 of 1999 before this Court. The said W.P.No.22349 of 1999 was decided by this Court on 10.09.2008 by a Division Bench, interalia holding that the C.A.T. ought not to have directed to revise 1995 Recruitment Rules so as to include the benefit of Flexible Complimenting Scheme for the Group-B posts. However, in view of O.M.dated 28.05.1986, the subsequent O.M. dated 09.11.1998 should be implemented by according Flexible Complementing Scheme in respect of the respondents in that case/applicants before the C.A.T. in O.A.No.1032 of 1996.

(3.) The present petitioners, inspired by the aforementioned judgment in W.P.No.22349 of 1999 have approached the C.A.T, Hyderabad Bench by instituting O.A.No.370 of 2010. That O.A. was dismissed by the C.A.T on 30.08.2010 by rejecting their prayer to extend Flexible Complementing Scheme by promoting them to the posts of Scientists B on completion of 3 years of service in the lower cadre. Against the order of dismissal of O.A.No.370 of 2010 dated 30.08.2010, W.P.No.24452 of 2010 was instituted. That W.P.No.24452 of 2010 was decided by this Court on 30.11.2010 holding that the controversy involved in W.P.No.24452 of 2010 is squarely covered by the order dated 10.09.2008 rendered in W.P.No.22349 of 1999. Complaining that this order dated 30.11.2010 is deliberately violated, the present contempt case is instituted.