Appeals Dismissed for Delay; Contempt Court Lacks Jurisdiction for Relief; State Urged to Consider Employee Regularisation. The appeals against the writ appeals were dismissed due to delay, while the appeals against the Single Judge's order in the contempt petition and the ...
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Appeals Dismissed for Delay; Contempt Court Lacks Jurisdiction for Relief; State Urged to Consider Employee Regularisation.
The appeals against the writ appeals were dismissed due to delay, while the appeals against the Single Judge's order in the contempt petition and the Division Bench's orders in related appeals were allowed. The Court emphasized that the Contempt Court lacked jurisdiction to grant substantive relief and urged the State Government to consider employee regularisation sympathetically, despite legal constraints.
Issues involved: The judgment involves issues related to regularisation of employees, contempt petition, jurisdiction of Contempt Court, maintainability of appeals, and dismissal of writ appeals.
Regularisation of Employees: The employees of the Andhra Pradesh Scheduled Castes Finance Corporation sought regularisation in service following an order by the High Court. The order specified conditions for regularisation based on GOMs No. 212 dated 22.4.1994, including absorption against clear vacancies. However, their request was turned down as the posts they sought regularisation for were not sanctioned by the competent authority, leading to rejection of their request.
Contempt Petition and Jurisdiction: Subsequently, the employees filed a contempt petition against the rejection of their regularisation request. The Contempt Judge directed the Government to sanction the necessary posts for regularisation, which was contested by the Corporation and the State Government in an appeal. The Division Bench noted that once a direction for regularisation was given, the Corporation had no option but to comply. However, it was argued that the Contempt Court had no jurisdiction to issue such directions, citing precedents that no substantive relief should be provided in contempt proceedings.
Maintainability of Appeals: Various appeals were filed against the orders passed by the Single Judge and the Division Bench. The Corporation and the State of Andhra Pradesh challenged the orders, with some appeals being directly filed in the Supreme Court under Article 136. The issue of maintainability of appeals against the Contempt Judge's order was raised, emphasizing that appeals could be filed against orders issued without jurisdiction.
Dismissal of Writ Appeals: The writ appeals filed by the Corporation were dismissed mainly due to delay. The employees' counsel argued that the regularisation order was in line with the GOMs and the judgment of the Court. The appeals against the Division Bench's orders in the writ appeals were deemed meritless, as the direction for regularisation was based on previous Court orders.
In conclusion, the appeals against the writ appeals were dismissed, while those against the orders of the Single Judge in the contempt petition and the Division Bench in appeals arising from the contempt matter were allowed. The Court urged the State Government to consider the matter of employees' regularisation sympathetically despite legal constraints, emphasizing the need for a just decision.
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