C/MCA/155/2023 ORDER DATED: 20/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 155 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 2160 of 2019
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SUNILKUMAR POPATBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Applicant(s) No.
1,10,11,12,13,2,3,4,5,6,7,8,9
MR RAJ TANNA, AGP for the Opponent(s) No.
DS AFF.NOT FILED (N) for the Opponent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 20/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) 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 dated 18.01.2017 and 20.01.2018."
1.1 The aforesaid directions were passed while allowing Special Civil Application No.2160 of 2019 by learned Single Judge as per his order dated 22nd July, 2022.
2. A bare reading of the aforesaid directions show that while seniority is required to be counted from the date of Page 1 of 2 Downloaded on : Fri Feb 24 20:36:50 IST 2023 C/MCA/155/2023 ORDER DATED: 20/02/2023 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.
4. In that view, no contempt could be said to have been committed by the respondents, at this stage.
4.1 At the same time, directions of the Court could not be permitted to go uncomplied with. Therefore, it is provided that the competent authority of the respondents shall act in accordance with the directions of learned Single Judge quoted above to take all consequential steps, which may be necessary thereunder within a period of eight weeks from today.
5. The present proceedings are closed with the above observations.
(N.V.ANJARIA, J) (NIRAL R. MEHTA,J) ANUP Page 2 of 2 Downloaded on : Fri Feb 24 20:36:50 IST 2023