SATYESH CH. DEB Vs. C.L. DAS

JUDGEMENT

(1.) AT the instance of the petitioner in the W.P.(C) 269 of 2002, this petition has been filed for drawing up a proceeding under Section 12 of the Contempt of Courts Act for willful disobedience shown to the order dated 09.12.2013 passed by this Court in Rev. Pet. No. 04 of 2005. It is not in dispute that the State of Tripura and other respondents filed the said review petition being Rev. Pet. No. 04 of 2005 against the judgment and order dated 16.12.2013 delivered in W.P.(C) No. 269 of 2002 on the solitary ground that the judgment in question was passed based on the law as culled down in Ajit Singh & Others (II) vs. State of Punjab and Others, reported in : (1999) 7 SCC 209 and the said judgment has been debased by the Constitution (85th Amendment) Act, 2009 w.e.f. 17.06.1995 pursuant to the said amendment, the notification No. F.23(3) -GA(P & T) 2004 dated 27.01.2005 has been issued by the General Administration (Personnel & Training Department), Government of Tripura. By the judgment and order dated 09.12.2013 the said review petition was dismissed on observing that:

(2.) IT is further required to be noted that by the judgment and order dated 16.12.2004 delivered in W.P.(C) No. 269 of 2002, the following direction has been passed:

(3.) THERE is no dispute that when such seniority list was not published in compliance of the direction as stated within 28.02.2005, the petitioner herein who filed the writ petition being W.P.(C) No. 269 of 2002 did not approach this Court for drawing up of the contempt proceeding within the period of limitation as prescribed by Section 20 of the Contempt of Courts Act, 1971 which provides as under: