JUDGEMENT
N.V.ANJARIA,J. -
(1.)It is in respect of the following directions that the contempt jurisdiction of this Court has been invoked by the
applicants.
"7. Accordingly, this petition is allowed. The petitioners' undertaking shall not count to their detriment for the purpose of their seniority. The undertaking shall not operate and their seniority shall be counted from the date of their initial appointment post the period of five years in view of the resolution dtd. 18/1/2017 and 20/1/2018."
1.1 The aforesaid directions were passed while allowing Special Civil Application No.2160 of 2019 by learned Single Judge as per his order dtd. 22/7/2022.
(2.)A bare reading of the aforesaid directions show that while seniority is required to be counted from the date of
initial appointment of the petitioner, the directions do not
provide any time limit for compliance of the said directions.
(3.)When no time limit is prescribed for the purpose of compliance, the Court is not inclined to take a view at this
stage that there is any willful non-compliance of the
directions. It appears that after the judgment and order of
learned Single Judge, communication-cum-notice dated 24 th
August, 2022 came to be addressed by the applicants-
petitioners to the authority in which also nothing was
mentioned about the time limit to be observed by the
authority for the purpose of compliance.
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