Gujarat High Court
Parvatiben Khimjibhai Zapadia vs Manish Bansal, Secretary And/Or His ... on 30 January, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/MCA/1099/2024 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1099 of
2024
In R/SPECIAL CIVIL APPLICATION NO. 12880 of 2018
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PARVATIBEN KHIMJIBHAI ZAPADIA
Versus
MANISH BANSAL, SECRETARY AND/OR HIS SUCCESSOR IN HIS
OFFICE & ORS.
=============================================
Appearance:
MR NILESH M SHAH(780) for the Applicant(s) No. 1
MR HS MUNSHAW(495) for the Opponent(s) No. 2,3
MS VRUNDA SHAH, AGP for the Opponent(s) No. 1,4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 30/01/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking initiation of the contempt proceedings pursuant to the directions issued by this Court in the order dated 23.07.2019, wherein the Court has passed the following order : -
"7. Resultantly, the petition is allowed. The respondents are directed to grant benefits of Resolution dated 17.10.1988 to the petitioner with effect from 01.04.1989 upto 25.02.1999 notionally and actually from 26.02.1999 to 31.10.2010 paying the difference of salary as may be arising.
7.1 The petitioner shall also be granted retirement benefits including pension, gratuity and leave encashment on the basis of his continuous service.
7.2 The necessary benefits shall be paid within a period of ten weeks from the date of receipt of Page 1 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:43:09 IST 2025 NEUTRAL CITATION C/MCA/1099/2024 ORDER DATED: 30/01/2025 undefined this order.
8. If the said timelimit is not observed, the payable amount shall carry interest at the rate of 6% per annum from the date of filing of the petition, that is from 21.08.2018 till actual payment."
2. Today when the matter is called out, learned advocate Mr.Devang Bhatt, appearing for learned advocate Mr.Munshaw, on instructions, has supplied the order by which the benefit arising from the aforesaid judgment and order is already paid. The aforesaid order is ordered to be taken on record.
3. The last order is of dated 28.01.2025 and by the said order, the present applicant is paid an amount of Rs.79,342/-.
4. Learned advocate Mr. Shah, has submitted that this would be very meagre amount and she would be entitled to more amount, as directed by the learned Single Judge in paragraph No.8 of the order.
5. A bare perusal of the order reveals that the Court has not fixed any amount for which the applicant would be entitled, neither any interest amount is referred in the said order. The respondents in their wisdom and as per their calculation has extended the benefits of the order and also paid the interest, which is being disputed by the learned advocate Mr.Shah, for the applicant.
6. Under the circumstances, in case there is any dispute and the amount is less paid as per the calculation of the applicant employee, it will be open for the applicant to file appropriate application claiming the same before the appropriate authority.
Page 2 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:43:09 IST 2025NEUTRAL CITATION C/MCA/1099/2024 ORDER DATED: 30/01/2025 undefined
7. With these observations, the present application is disposed of.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(GITA GOPI,J) MAHESH/88 Page 3 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:43:09 IST 2025