SYED MAHMOOD Vs. T.VIJAY KUMAR

JUDGEMENT

(1.) Petitioner was appointed as Lab Attender in an unaided post in Islamia High School, Warangal, on 20/6/2002. He was pursuing the issue of ratification on his appointment. Ultimately, the Government passed orders in G.O.Ms.No.21 Education (SE-PS-I) Department dtd. 19/3/2012 accepting the proposal to appoint him against aided vacancy along with several others. However, this was not given effect. Petitioner submitted a representation on 25/5/2015 to grant him the benefits flowing out of the Government decision. After having waited for considerable time to get a decision in his favour, he instituted W.P.No.35928 of 2018 and also filed I.A.No.01 of 2018, praying to direct the respondents to consider his representation dtd. 25/5/2015, in the light of G.O.Ms.No.21, dtd. 19/3/2012. This Court by order dtd. 8/10/2018 made in I.A.No.01 of 2018, granted interim direction as prayed for. Thus, in terms of the order of this Court, it was mandatory for the respondent-competent authority to consider the representation dtd. 25/5/2015 of the petitioner, in the light of G.O.Ms.No.21, dtd. 19/3/2012. Alleging that the said order is not complied, petitioner filed the present contempt case.

(2.) On 1/10/2019, this Court issued notice before admission with a direction to list the contempt on 29/10/2019. On 25/10/2019, the Regional Joint Director of School Education, Warangal District, passed orders in Proc.Rc.No.4582/B4(A3)/ 2012-1, rejecting the request of petitioner to grant benefits flowing out of G.O.Ms.No.21, holding that he was not entitled to the relief claimed on the ground that he was not working in the school and that earlier his case was considered and rejected on 5/2/2013, which had become final. Therefore, it is not feasible to consider the request of petitioner for absorption in the Grant-in-Aid post of Lab Attender.

(3.) The Court, having prima facie found that the said decision is in violation of the directions of this Court, admitted the contempt and issued notices in Form-I and directed appearance of the respondents.