Gujarat High Court
Sonara Dineshbhai Mohanbhai vs Pankaj Joshi, Ias And/Or His ... on 5 April, 2021
Bench: Sonia Gokani, Gita Gopi
C/MCA/159/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 159 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 16290 of 2016
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SONARA DINESHBHAI MOHANBHAI
Versus
PANKAJ JOSHI, IAS AND/OR HIS SUCCESOR
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Appearance:
MR GUNVANT R THAKAR(3801) for the Applicants.
MS BHARGAVI G THAKAR(5015) for the Applicants.
MS MAITHILI MEHTTA, ASSISTANT GOVERNMENT PLEADER(1) for the Opponent(s) No.
1,2
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 05/04/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This is an application preferred under Section 10 of the
Contempt of Courts Act, 1971, seeking the following reliefs:
"7(a) admit and allow this application with costs;
and/or
(b) hold the respondent authorities guilty of
committing willful and deliberate contempt of this
Hon'ble Court and punish the respondent authorities;
and/or
(c) direct the respondent authorities to implement the
oral order dated 24/01/2017 passed in Special Civil
Application No. 16290 of 2016 which is confirmed by
the Division Bench of this Hon'ble Court vide oral
orders dated 07/09/2017 passed in LPA No.1467 of
2017 in SCA No. 16290 of 2016 with C.A.No. 11767 of
2017 and again confirmed by the Hon'ble Supreme
Court of India vide order dated 30/07/219 passed in
C/MCA/159/2020 ORDER
Civil Appeal Nos. 6599-6600 of 2016 with Civil Appeal
No. 834 of 2018 in its true words and spirit and give
continuity of service with seniority and difference of
pay from 2017 to the applicants (original petitioners);
and/or
(d) grant such other and further relief/s as deemed fit
in the interest of justice."
2. We have heard learned advocate Ms. Bhargavi G. Thakar
appearing with learned advocate Mr. Gunvant R. Thakar for the
applicants and learned AGP Ms. Maithili Mehta for the
opponent-State.
3. At the outset, learned advocate Ms. Bhargavi G. Thakar
appearing for the applicants has drawn our attention to the
fact that, so far as the applicants No. 2 to 5 are concerned, all
the benefits of the judgment and order flowing from Special
Civil Application No. 16290 of 216 and thereafter in subsequent
proceedings have been made available to the said applicants,
and therefore, the grievance qua them is not required to be
continued and accordingly she seeks permission to withdraw
this application qua applicants No. 2 to 5 are concerned.
Hence this application qua applicants No.2 to 5 does not
survive and accordingly disposed of as withdrawn.
4. So far as applicant No.1 is concerned, it is stated by
leaned advocate for the applicant that the applicant No.1 will
get all other benefits except not getting the promotion though
his juniors have been promoted. She drew our attention to the
various documents and also further affidavit and rejoinder
affidavit as well.
C/MCA/159/2020 ORDER
5. Learned AGP Ms. Maithili Mehta appearing on behalf of
the opponent-State does not dispute the aforesaid fact, but,
she stated that, so far as the aspect of promotion is concerned,
the same is no attended to, and, according to her, it would
require process.
6. It is required to be noted that almost one and half year
have already been passed after the order of the Hon'ble Apex
Court dated 3.007.219 passed in Civil Appeal No. 6599-660 of
2016 with Civil Appeal No. 834 of 2018 whereby the Hon'ble
Apex Court has dismissed the appeal. It is also required to be
noted that the application for contempt has been preferred in
the year 2020 and the notice has been issued by this Court on
11.02.2020 whereby the Court directed the opponent to
remain present before this Court if the compliance is not made.
Thereafter couple of occasions it has been ensured to the court
that the grievance are being attended to. Let this process of
promotion be completed within the period of four weeks, and if
not completed, the opponent shall remain present before this
court for the purpose of framing of charges as earlier it was
also directed by this Court vide order dated 11.02.2020.
7. Let the matter be posted for hearing on 5th May, 2021.
8. A copy of this order be given to learned AGP for due
compliance and let this be taken all requisite seriousness.
(SONIA GOKANI, J)
(GITA GOPI,J)
A.M.A. SAIYED
