Commnr.Of Intermediate Education vs Y. Kumar Swamy

NON-REPORTABLE 2024 INSC 916 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No.5063 of 2014)

COMMNR.OF INTERMEDIATE EDUCATION Appellant(s)

VERSUS

Y. KUMAR SWAMY & ORS. Respondent(s) WITH

CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No.10271 of 2014)

CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No.10272 of 2014)

J U D G M E N T

B.R. GAVAI, J.

1. Leave granted.

2. The appeals challenge the judgment and order

dated 29.11.2013 passed by the High Court of

Judicature of Andhra Pradesh at Hyderabad, thereby

directing the appellants, who were the various

officers of the State Government to remain present

in the Court and show cause as to why an action for Signature Not Verified

committing contempt of the Court be not initiated Digitally signed by DEEPAK SINGH Date: 2024.11.30 15:38:30 IST Reason:

against them.

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3. In a writ petition filed by the respondents,

interim order(s) came to be passed by the High

Court, directing that the writ petitioners shall be

continued in service for a period of six weeks from

the said date. However, on an application filed by

the State, the interim order(s) came to be vacated.

4. The order vacating the interim order(s)

specifically notes that the writ petitioners were

not appointed on regular basis and that they were

appointed on contractual basis. It also notes that

subsequently the State had made regular

appointments after undertaking a selection process

through Public Service Commission.

5. While doing so, the State had also adopted

the principle of last come first go with regard to

the lecturers, who were already working on

contractual basis.

6. In that view of the matter, we do not find

that the High Court was justified in issuing notice

of contempt and that too directing the officer of

the Government to remain personally present on the

very first day.

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7. This court had reiterated, time and again,

that the personal presence of the Government

Officers should not be casually directed by the

Courts, inasmuch as they are required to be on

field for performing their official duties.

8. In that view of the matter, we find that the

impugned judgment and order passed by the High

Court is not sustainable.

9. The appeals are allowed. The impugned

judgment and order dated passed by the High Court

dated 29.11.2013 are quashed and set aside.

10. Pending application(s), if any, stand(s)

disposed of.

….........................J (B.R. GAVAI)

...........................J (K.V. VISWANATHAN)

New Delhi November 27, 2024 4

ITEM NO.5 COURT NO.2 SECTION XII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 5063/2014

[Arising out of impugned final judgment and order dated 29-11-2013 in CC No. 416/2013 passed by the High Court of Andhra Pradesh at Hyderabad]

COMMNR.OF INTERMEDIATE EDUCATION Petitioner(s)

VERSUS

Y. KUMAR SWAMY & ORS. Respondent(s)

WITH SLP(C) No. 10272/2014 (XII-A)

SLP(C) No. 10271/2014 (XII-A)

Date : 27-11-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) Mr. Rajiv Kumar Choudhry , AOR

Ms. Prerna Singh, Adv. Mr. Guntur Pramod Kumar, AOR Mr. Dhruv Yadav, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeals are allowed in terms of the signed non-

reportable judgment.

3. Pending application(s), if any, stand(s) disposed of.

(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

[Signed non-reportable judgment is placed on the file]