Hitesh Bachubhai Parmar vs C V Som, The Secretary
2021 Latest Caselaw 82 Guj

        C/MCA/175/2020                               IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
                                    In
              R/MISC. CIVIL APPLICATION NO. 175 of 2020
                                   In
            R/SPECIAL CIVIL APPLICATION NO. 4386 of 2019
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HITESH BACHUBHAI PARMAR Versus C V SOM, THE SECRETARY ================================================================= Appearance:

MS VIDHI J BHATT for the PETITIONER(s) No. GOVERNMENT PLEADER for the RESPONDENT(s) No. =================================================================

CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 05/01/2021

IA ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

On 10.12.2020, the following order was passed:­

"Ms. Vrunda Shah, learned AGP states that part compliance is made and calculation as regards benefit of 6th and 7th Pay Commission is in process. Appropriate affidavit be filed by the opponent. To bring the same on record of this petition, S.O., to 05.01.2021."

Today, a further affidavit of respondent no. 3 - Ms. Bulbul Hinglajia, serving as Curator, Prabhaspatan Museum - Prabhas Patan, has been filed by Ms. Vrunda Shah, learned Assistant Government Pleader. According to the said affidavit, the pay slip of the applicant treating him to be regular has been since prepared and a copy thereof is attached as annexure to the affidavit, which is dated 18.12.2020. The affidavit further

C/MCA/175/2020 IA ORDER

mentions that in­so­far as benefit of said pay slip is in accordance to the 5th Pay Commission. In­so­far as the benefits of 6th and 7th Pay Commissions are concerned, the process is still on and further four weeks time has been prayed for. It is also mentioned that the respondents are complying with the order and are not challenging it any further and the only request made is for grant of some further time.

We may record here that the judgment of the learned Single Judge is dated 03.10.2019. In the contempt matter, notices were issued on 19.02.2020, however, till date full compliance has not been affected. Today, Ms. Vrunda Shah, learned Assistant Government Pleader prays for some accommodation so as to ensure full compliance of the judgment of the learned Single Judge. As prayed for, we grant one last opportunity of four weeks to the opposite party to ensure full and complete compliance. If by the next date, full compliance is not made, and affidavit to that effect is not filed, the officers holding the post of all the three opposite parties would remain present before this Court for framing of charges. Let this matter be listed on 15.02.2021.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) /phalguni/