Gujarat High Court
Chikabhai Rupabhai 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/1866/2024 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1866 of
2024
In R/SPECIAL CIVIL APPLICATION NO. 14664 of 2018
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CHIKABHAI RUPABHAI ZAPADIA
Versus
MANISH BANSAL, SECRETARY AND/ OR HIS SUCCESSOR IN OFFICE &
ORS.
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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 15.02.2024, wherein the Court has passed the following order : -
"8. Considering the above observations, discussion and conclusion, the following directions are passed:-
(i) The petitioner is entitled to be granted the benefits under the Government Resolution dated 17.10.1988 from the date of actual entry in service i.e. from 01.04.1984.
(ii) The respondents shall verify the period between 01.04.1984 till 01.04.1989 more particularly as to whether the petitioner has Page 1 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:43:36 IST 2025 NEUTRAL CITATION C/MCA/1866/2024 ORDER DATED: 30/01/2025 undefined completed 240 days and whereas the respondents shall add Sundays and Public Holidays along with the said period as per the laid laid down by the Hon'ble Apex Court in case of Workmen of American Express International Banking Corporation vs. Management of American Express International Banking Corporation [AIR 1986 SC 458].
(iii) The respondents shall treat the period between 01.04.1989 to 16.10.2008 as period in actual service more particularly as if the petitioner has completed 240 days in each of the intervening year.
(iv) The respondents shall thereafter consider the case of the petitioner for grant of benefit under the Government Resolution dated 17.10.1988 more particularly counting the number of years in which the petitioner has completed 240 days.
(v) It also needs to be observed that the benefits as had been granted to the co-employee Smt. Pankhuben Punjabhai as per the order dated 18.08.2017 counting her date of entry in service from 01.04.1984 shall be granted to the petitioner more particularly subject to the above conditions.
(vi) The verification of the employment and other calculations shall be done by the respondents within a period of eight weeks from the date of receipt of this order and arrears and all other benefits to be granted within a period of six weeks thereafter. In case the arrears are not granted within the aforesaid period, then the petitioner would be entitled to claim interest at the rate of 6%.
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.
Page 2 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:43:36 IST 2025NEUTRAL CITATION C/MCA/1866/2024 ORDER DATED: 30/01/2025 undefined
3. The last order is of dated 28.01.2025 and by the said order, the present applicant is paid an amount of Rs.36,120/-.
4. Learned advocate Mr. Shah, has submitted that this would be very meagre amount and he 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.
7. With these observations, the present application is disposed of.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(GITA GOPI,J) MAHESH/101 Page 3 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 04:43:36 IST 2025