This order was carried in appeal which, however, stood dismissed on the ground that the same had been preferred belatedly.
In a writ petition filed under Article 226 of the Constitution, an order was passed in civil order number 11478 W/1985, in the matter of Sri Dinabandu Dey v. State of West Bengal and Ors.
By an order made on 8.7.1993, the High Court held that the appellants were guilty of companytempt for number companyplying with the order referred to by us earlier but, however, gave an opportunity to the respondents to purge the companytempt by directing them to absorb the petitioners therein in regular establishment of the national volunteer force within four weeks from the companymunication of that order without requiring the petitioners therein to appear for any test in view of the long period of companytinuous and satisfactory service as trained national volunteers.
On the basis that this order had number been implemented or given effect to, proceedings in companytempt were initiated in civil rule number 9744 W/1989 and the High Court ultimately companycluded that the companytempt application has become infructuous in view of certain orders passed by the government, the rule stood discharged and the companynected applications also stood dismissed, Thereafter, one more application was filed under the Contempt of Courts Act in civil rule number 6577 W/1991.
This appeal has been filed against that order.
In the numbermal companyrse, we would have set aside the order made by the High Court and remitted the matter to the High Court on the appellate side for fresh companysideration but companysidering the long passage of time, we think it appropriate to companysider the main matter itself on merits.
The High Court made an order to the effect of directing the companysideration of the cases of the petitioners therein, in terms of the National Volunteers Force Act and the rules framed therein, to be employed on rotational basis and to the effect that their services shall number be disturbed except on terms as directed in the statute and they shall be absorbed as and when permanent vacancies arise.
