B.S.CHAUHAN, J. - (1.) THIS contempt petition has been filed by the petitioner -applicant on the allegations that the respondents have wilfully and intentionally disobeyed the judgment and order of this Court dated 1.9.1994 passed in S.B.Civil Writ Petition No. 2840/1983.
(2.) THE petitioner -applicant stated that he was working as the Assistant Sub -Inspector in the Rajasthan State Police since 1964 and on his own violation, he joined the Border Security Force on 1.3.1969. There had been some dispute regarding seniority and consequential reliefs, i.e., dates of consideration for further promotion in the Border Security Force and the applicant filed the said writ petition, which was disposed of and the relevant part of the main judgment reads as under: The petitioner has now contended in this petition that his seniority is liable to be considered as Head Constable from the date he was Assistant Sub -Inspector of Police in the State Unit as required by Rule 8 of the Rules. However, during the pendency of this petition, the petitioner has been further promoted. The only question which remains to be agitated upon is the proper fixation of the petitioner at various stages. Interest of justice require that a writ of mandamus should issue directing the respondents to fix the petitioner in the service from the date he was appointed as Assistant Sub -Inspector and Sub -Inspector in the State Unit, with all consequential benefits. Accordingly, the Union of India and the I.G. Border Security Force, New Delhi, is directed to fix the petitioner in the Service of Border Security Force, strictly in accordance with the provisions of Rule 8 by fixing the seniority in the rank of Head Constable from the date on which he was appointed as ASI and Sub -Inspector in the State from which the unit was embodied in the Border Security Force. In pursuance of the said judgment and order, the respondents passed an order on 31.8.1995 contained in Annexure. CP. 4, by which the applicant was given the rank of Head Constable (RM) with effect from 4.2.1969. The applicant was aggrieved by the said order and he served upon the respondents a legal notice dated 6.1.1996 contained in Annexure. CP. 5, in which the grievance of the applicant was that as per Rule 8(1) of the relevant Rules, the seniority of the applicant requires to be reckoned and fixed with effect from 29.7.1964, i.e., from the date of his initial appointment on the post of Assistant Sub -Inspector in the Rajasthan State Police. The respondents passed an order on 28.11.1996 contained in Annexure. CP. 10, by which the applicant was informed that he is given seniority in the rank of Assistant Sub -Inspector (RM) in Border Security Force notionally with effect from 5.2.1971 instead of 1.3.1973 and it was further clarified in that order that as the seniority is fixed only notionally, he shall not be entitled for any financial benefits. It appears that the applicant further made a representation, which was rejected by the respondents vide order dated 6.1.1997 contained in Annexure. CP. 12. Hence this contempt petition.
(3.) THIS Court took congnizance by issuing a notice to the respondents on 29.3.1997 and in reply to the same the respondents have filed the counter affidavits and further affidavits have been exchanged between the parties.;