SUNILKUMAR POPATBHAI PATEL Vs. STATE OF GUJARAT
LAWS(GJH)-2023-2-1508
HIGH COURT OF GUJARAT
Decided on February 20,2023

Sunilkumar Popatbhai Patel Appellant
VERSUS
STATE OF GUJARAT Respondents

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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