Encadrement of the Non-Cadre Family Planning Office's—

Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983.

The government i.e. the contemnors have to be given a specific decision in respect of fixing seniority of the non-cadre family planning offi­cers appointed after 1985 at the time of their encadrement in keeping with the Seniority Rules, 1983. In doing so if the government comes to a wrong decision by interpretation of Seniority Rules, 1983 in its own way, there will be no con­tempt of Court as this Division in the judgment did not give specific direction upon the govern­ment as to which Rules (i.e. Rule 3(e) or 4) of BCS Seniority Rules, 1983 shall have to be fol­lowed in determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appro­priate forum, if so advised…….(54)