TIRUMALLAIAH Vs. M NARSIG RAO

JUDGEMENT

(1.) ALL these contempt cases arise out of orders of this Court, which are alleged to have been violated, by ordering in-charge promotions to the post of Executive Engineer based upon the provisional seniority list issued by the second respondent through Circular dated 6. 11. 2007.

(2.) THE petitioners in all the contempt cases have not been impleaded in the respective OAs and they have filed applications seeking to vacate the interim order passed therein. They have filed the writ petitions mainly contending that they have not been impleaded in the respective OAs and as such, their rights are being affected. This Court had disposed of the writ petitions directing the Tribunal to dispose of the said applications filed by the petitioners within two weeks from the date of receipt of the orders in each writ petition, and till such time, the interim suspension granted in each writ petition has been ordered to continue. The petitioners complain that second and third respondents have effected in-charge promotions to the post of Executive Engineer based upon the provisional seniority list issued by the second respondent through Circular dated 6. 11. 2007, in spite of interim suspension granted by this Court.

(3.) WE have considered the rival contentions made by both the Counsel and perused the record. It appears that the Tribunal has not disposed of the applications within the time stipulated by this Court, but in-charge arrangements have been made probably by preparing the seniority list. When the petitioners have not been impleaded in the respective OAs and the applications have not been disposed of, the respondents concerned proceeded to make in-charge arrangement basing on the provisional seniority list, which is in dispute. In such situation, the act of respondents in proceeding to make in-charge arrangements when the seniority is in dispute pending before the Tribunal, is uncalled for, especially when the provisional seniority list was suspended by this Court till the disposal of implead and vacate-stay applications filed by the petitioners herein in O. A. In the circumstances, we are constrained to express our displeasure in the way in which respondents have acted in haste, in spite of there being interim order of this Court. Such practice is highly deprecated and having regard to the facts and circumstances, the respondents concerned are hereby 'warned' and not to repeat such type of callousness and to be careful in future.