J S PARIHAR Vs. GANPAT DUGGAR

JUDGEMENT

(1.) We have heard the counsel on both sides.

(2.) These appeals by special leave arise from the order of the Division Bench dated April 3, 1996 made in Special Civil Appeals Nos. 1 and 2 of 1995. The facts are not in dispute. The controversy relates to the preparation of the seniority list of the engineers in Rajasthan Civil Engineering Services. (Public Health Branch). In W. P. No. 560/79 by order dated October 6, 1988 the Division Bench of the High Court declared the seniority list prepared with retrospective effect in terms of the amended Rules as unconstitutional : it accordingly quashed the list and directed preparation of the seniority list afresh to determine the inter se seniority on that basis and to grant promotion to the appellants within the specified time. The same order came to be reiterated by order of another Division Bench dated September 9, 1989 made in W. P. No. 1074/80. It was further reiterated in the order dated March 22, 1990. When the seniority list came to be prepared, the contempt proceedings were initiated under Section 12 of the Contempt of Courts Act. 1971 (for short the "Act"). The learned single Judge on consideration of the merits in the seniority held that the respondents had not wilfully disobeyed the orders of the Court and gave directions as under :

(3.) The State had filed appeal against these directions. A preliminary objection was taken on the maintainability of the appeal and also arguments were advanced. The Division Bench while holding the appeal as not maintainable under Section 19 of the Act, held that the appeal would be maintainable as a Letter Patent Appeal as the direction issued by the learned single Judge would be a judgment within the meaning of Clause (18) of the Rajasthan High Court Ordinance. Accordingly the Division Bench set aside the directions issued by the learned single Judge. Thus these appeals by special leave.