Arun Tandon, J. - (1.) IT appears that unnecessary litigation is being generated in the matter of seniority of Routine Grade Assistant, who were earlier working as Typists in the year 1988. A Division Bench of this Court in Special Appeal No. 18 of 1989, which was decided vide judgment and order dated 27.09.2007, recorded the statement made on behalf of the High Court that all Typists working in the High Court have been adjusted against the post of Lower Division Assistant and no person senior to the Petitioner remain to be so adjusted in the said cadre of Lower Division Assistant. It was further recorded that the Petitioners, who were adjusted against the post of Lower Division Assistant, have since been promoted on the higher post and are working therein for years together. Therefore, the Division Bench held that there is no case for interference against the order of the Hon'ble Single Judge at that stage.
(2.) A review application was filed for clarification of the said judgment of the Division Bench. By means of the review application an issue of inter se seniority between the Typists so adjusted as Lower Division Assistant was sought to be raised. It was brought to the notice of the Division Bench hearing the review application that no such issue of inter se seniority was raised either before the Hon'ble Single Judge or before the Division Bench hearing the special appeal nor any such issue has been resolved by the Court. In view of the aforesaid, the Division Bench disposed of the review application by observing that the Court has not adjudicated upon the inter se dispute of seniority between the parties and the issue is left to be examined by the competent authority.
(3.) A contempt petition was filed for non -compliance of the judgment and order of the Hon'ble Single Judge, being Contempt Petition No. 3984 of 2008, wherein an order was passed on 16th February, 2010 recording therein that Special Appeal No. 18 of 1989 has been dismissed by the Division Bench in the year 2007 yet the order of the Hon'ble Single Judge is not being complied with.;