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CDJ 2026 APHC 1141 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Contempt Case No. 468 of 2025
Judges: THE HONOURABLE MR. JUSTICE N. HARINATH
Parties : T. Suryanarayana Versus Koduri Ramachandra Mohan, Vijayawada & Others
Appearing Advocates : For the Petitioner: K.K. Durga Prasad, Advocate. For the Respondent: Nagaraju Naguru, Advocate.
Date of Judgment : 07-07-2026
Head Note :-
Contempt of Courts Act 1971 - Sections 10 to 12 -
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Sections 10 to 12 of Contempt of Courts Act 1971
- Contempt of Courts Act, 1972

2. Catch Words:
- Contempt
- Retirement benefits
- Interest
- Compliance
- Circular
- Review petition
- Demand Draft

3. Summary:
- The petitioner filed a contempt petition under Sections 10‑12 of the Contempt of Courts Act, 1971, alleging that the respondents failed to comply with the Court’s order dated 03‑12‑2024 in Review No. 1/2024 of W.P. No. 28874/2014, which required payment of retirement benefits with 9% interest.
- The respondents counter‑claimed that they had paid the full amount of Rs 7,95,112 by demand drafts on 07‑04‑2025 and 08‑04‑2025, and that the petitioner, as a temple employee, was entitled only to gratuity, not pension.
- The Court examined retirement proceedings of other employees in the same cadre and found them similar, indicating that the respondents had complied with the order.
- A circular dated 22‑07‑2022, incorporating earlier circulars, revised the retirement/gratuity provisions, supporting the respondents’ compliance.
- The Court held that the order of the Court was adequately complied with and that the respondents’ filings constituted sufficient compliance.
- Consequently, the contempt petition was closed without any costs, and any pending miscellaneous petitions, if any, were also ordered to stand closed.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to may be pleased to punish the Respondent Contemnor for Contempt of Court for willful and deliberately flouting the orders passed by this Honble Court Dt.03.12.2024 in Review.No. 1/2024 in W.P.No.28874/2014 under the Contempt of Courts Act, 1972 and pass such)

1. The The contempt case is filed alleging non-compliance of the order passed by this Court in W.P.No.28874 of 2014, whereby this Court directed the respondents to comply with the proceedings Rc.No.B4/212/2014, dated 31.10.2014 and disburse the retirement benefits within a period of six weeks from the date of receipt of the order. The petitioner was to be treated as belonging to the Guntur Division Cadre by virtue of proceedings dated 31.10.2014 and the Guntur Division ought to disburse his retirement benefits. The petitioner filed review petition before this Court seeking grant of interest for the delayed disbursement of retirement benefits. This Court allowed the review and directed the respondents to settle the retirement benefits together with interest calculated at 9% from the date of retirement till the date of disbursement.

2. The petitioner has submitted that the order of this Court has not complied and the respondents are liable for contempt for having willfully and deliberately evading compliance of the orders of the Court.

3. The respondent No.1 has filed a counter and it is stated that the retirement benefits together with interest at 9% per annum were paid to the petitioner by way of Demand Drafts i.e., an amount of Rs.5,00,000/- vide D.D.No.53853263, dated 07.04.2025 and another amount of Rs.2,95,112/-vide D.D.No.53853265, dated 08.04.2025 i.e., a total amount of Rs.7,95,112/- under due acknowledgment from the petitioner in token of receipt of said Demand Drafts on 15.04.2025.It is also stated in the counter that the petitioner retired as a Temple Employee and is entitled only for gratuity and that the petitioner is not entitled for pension. It is also stated that gratuity is paid from the concerned temple funds only. It is also submitted that as sufficient funds were unavailable in Sri Somasekhara Swamy Temple, Kotipalli Village, Kolluru Mandal, Bapatla District, funds were arranged from other temples in the form of loans and advances for paying the petitioner, the principle gratuity amount along with the interest.

4. This Court called upon the 2nd respondent to furnish the retirement proceedings of any other employee who retired from service in cadre of Junior Assistant Manager. The retirement proceedings issued in favour of R.NagaMalleswara Rao and B.V.Shivadas are produced by the respondent No.2 along with the additional counter. The retirement proceedings issued in favour of the said employees are similar to the retirement proceedings of the petitioner.

5. The order of this Court is adequately complied and the relevant proceedings of compliance filed by the respondents would amount to sufficient compliance of the orders of this Court. The Circular dated 22.07.2022 referring to earlier circulars dated 05.04.2018 and 18.05.2021 revised the retirement/death gratuity to the employees of institutions other than RJC & DC Cadre institutions subject availability of funds in the respective institutions.

6. As per the said circular the retirement benefits due payable to the petitioner are paid and released which amounts to compliance of the orders of this Court, as such, the contempt case is closed.

7. Accordingly, contempt case is closed. No costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

 
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