- (1.) Interim applications seeking leave to file appeals are allowed. We have heard learned counsels appearing for the parties.
(2.) These Special Appeals, filed under Section 18 of the Rajasthan High Court Ordinance, arise out of an order dated 13.9.2000 passed by learned Single Judge in S.B. Civil Contempt Petition No. 71/98 and two other connected contempt petitions. Learned Single Judge has, after considering the directions issued by this Court in D.B. Civil Writ Petition No. 832/86 decided on 16.4.1991, which were reiterated in S.B. Civil Writ Petition Nos. 4547/95 and 5127/92 by view dated 24.7.1996, found that the seniority list has not been drawn in accordance with the directions issued by the Court. After recording the facts, that the judgments in which the directions were given, have become final, as the Special Leave to Appeal (Civil) No. 6982/2000 filed by the State of Rajasthan, was dismissed by the Supreme Court on 1.5.2000, he gave the directions as follows:-- "In my opinion, the same procedure needs to be adopted in the present case. The redrawing of seniority list issued in pushing down the persons vide letter dated 5.2.1998 shall have no effect for the reasons that it goes contrary to the judgments of this court nor it does contain any reason or application of mind. As the matter did not require interpretation of the judgment, the respondents cannot be said to have implemented the judgment, but had only tried to mis-interpret Rule 23 which was not the ambit of direction No. 2 and 3 given by the Division Bench and also reiterated by the Single Judge, even though they were expected to implement the judgment in the right spirit. However, in the circumstances of the case, it shall be appropriate to direct the respondents to comply with the orders of this court in the right perspective on the facts of the present case and as stated above within one month from today. List these cases on 19.10.2000 for further proceedings, after compliance. (J.C. Verma), J."
(3.) Learned Senior Counsel appearing for the appellants submits that learned Single Judge, hearing the S.B. Civil Contempt Petition No. 71/98 with two other connected matters, filed on a complaint that the orders passed by the Court have hot been complied with, instead of calling the contemnors and to punish them in accordance with the provisions of the Contempt of Courts Act, 1971, adjudicated over the letter dated 5.2.1998, and issued a fresh writ of mandamus, to draw the seniority list within one month.;