T VIJAY HANUMAN SINGH Vs. D K PANWAR

JUDGEMENT

(1.) A petition to punish the Special Chief Secretary and Chief Commissioner of Land administration, Hyderabad for disobedience of the orders in W. P. No. 4176 of 2005, dated 15-03-2005.

(2.) THE petitioner originally appointed by the Collector, Nizamabad and allotted to pochampad Project, was transferred to the office of the Commissioner of Land revenue, Abids, Hyderabad as Typist, by which time he was an approved probationer in the District. When he was shown in the seniority list below the temporary employees, he represented against the same, on which it was tentatively decided to refix his seniority after the approved probationer Smt. K. Rajya Lakshmi, and notices were issued to all the affected persons. But when his case was later rejected by the Commissioner of Land Revenue and the government, he filed O. A. No. 6997 of 1994, in which the Andhra Pradesh administrative Tribunal directed to take necessary action for fixing the petitioner among the approved probationers in the category of Typists as on the date of his joining the office of the Commissioner of Land Revenue. Accordingly, notices were issued again to all the affected persons and after hearing, the petitioner's case was again rejected. In O. A. No. 178 of 2000 filed by the petitioner, the Andhra Pradesh Administrative Tribunal again directed to place him in the list of approved probationers as per the earlier order passed in favour of the petitioner by the Commissioner of Land Revenue and to promote him further on that basis with requisite notional and monetary benefits. W. P. No. 13679 of 2004 by some of the respondents therein, Review W. P. M. P. No. 8074 of 2005 in the said writ petition and W. P. No. 4176 of 2005 filed by the Chief commissioner of Land Administration against the orders of the Andhra Pradesh administrative Tribunal failed and the High Court had observed in the order on the review petition that as no argument was raised relating to the applicability of Rule 27 and contentions were raised before the Tribunal and the High Court only regarding Rule 16 of the A. P. Ministerial Services Rules, 1966, which were taken into consideration, there were no grounds for review. The Chief Commissioner of Land Administration then issued orders in proceedings e1/623/2004, dated 07-07-2005 directing fixation of seniority of the petitioner below Smt. Ch. Kamala and above Sri T. B. G. Alexander in the cadre of Typists, in the light of the declaration of probation of some individuals with retrospective effect in CLR's Ref. E3/541/1981, dated 28-04-1981. The representation of the petitioner against the same was ultimately rejected in the file on 23-09-2007 stating that under the circumstances referred to, it is not desirable to revise the seniority of the petitioner fixed with effect from 12-12-1978, the date of his joining in the office. Consequently, the petitioner filed the contempt case contending that the said action of the Special Chief Secretary and Chief Commissioner of Land administration is in disobedience of the orders of this Court in the writ petition.

(3.) THE then Chief Commissioner of Land Administration filed his counter affidavit more or less repeating what has been stated in CCLA's proceedings E1/623/2004, dated 07-07-2005 stating the same to be strictly in compliance with the judgments of the Andhra Pradesh Administrative Tribunal and the High Court. Sri O. Manohar Reddy, learned counsel for the petitioner and the learned government Pleader for services are heard at length.