G S N Maneswara Rao vs. Shri Sunil Barthwal Ias

Court:High Court of Andhra Pradesh

Judge:Hon'ble B Krishna Mohan

Case Status:Unknown Status

Order Date:27 Sept 2021

CNR:APHC010066172021

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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

Sl.<br>No.	DATE	ORDER
5.	27.09.2021	BKM, J
		It is represented by the learned counsel for
		the respondents that the copy of the Judgment of
		the Hon'ble Supreme Court dated 25.02.2021
		and 24.08.2021 passed in Special Leave Petition
		(C) Nos.8658-8659 of 2019 arising out of the final
		Judgment and Order dated 12.10.2018 in Writ
		Petition (C) NOs.13120 of 2015 passed by the
		High<br>Court<br>of<br>Kerala<br>at<br>Ernakulam<br>is<br>filed
		herewith and the operative portion with respect to
		the Contempt Petition is at page No.12 which is
		as follows :

		"CONMT.PET. (C) No. 1917-1918/2018 in
		C.A.<br>No.10013-10014/2016<br>(Item<br>1.30)
		[seeking implementation of the order dated
		04.10.2016<br>passed<br>by<br>this<br>court<br>in<br>C.A.No.10013/201 :R.C. Gupta & Ors. Etc.
		etc.<br>vs.<br>Regional<br>Provident<br>Fund
		Commissioner<br>Employees<br>provident<br>Fund
		Organization & Ors. Etc.] shall be taken up
		as lead matters representing the respective
		categories of matters.
		Rest of the matters shall also be listed on
		the same day.
		Pending further consideration, no contempt
		application seeking implementation of any of
		the<br>orders<br>passed<br>in<br>the<br>aforesaid<br>four
		categories of matters, shall be taken up by
		any Court."

Contd…	And refers to the order in Special Leave
	Petition<br>(C)<br>Nos.8658-8659<br>of<br>2019<br>dated
	24.08.2021 at para No.10 of the Order which is
	as follows :
	"The principal questions that<br>arise for
	consideration are whether there would be a
	cut-off date under paragraph 11(3) of the
	Employees' Pension Scheme and whether the
	decision<br>in<br>R.C.Gupta<br>would<br>be<br>the
	governing principle on the basis of which all
	these matters must be disposed of."
	Both the counsels submit that the issue
	involved is one and the same which is pending
	before the Hon'ble High Court in the above said
	Contempt case.
	In view of the same, this Court cannot
	proceed with the Contempt Case at this stage.
	List the Contempt Case after disposal of the
	above said matters pending before the Hon'ble
	Supreme Court of India.
	_______
	BKM, J<br>Yvk