Gujarat High Court
Manojkumar Khetshibhai Vinjuda vs Vinod R Rao, Secretary, Education ... on 13 September, 2021
Bench: Mr. Justice R.M.Chhaya, Biren Vaishnav
C/MCA/403/2019 IA ORDER DATED: 13/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1 of 2019
In R/MISC. CIVIL APPLICATION NO. 403 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 14851 of 2017
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MANOJKUMAR KHETSHIBHAI VINJUDA
Versus
VINOD R RAO, SECRETARY, EDUCATION DEPARTMENT
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Appearance:
MR JD AJMERA for the PETITIONER(s) No.
MR MEET THAKKAR, ASST. GOVERNMENT PLEADER for the
RESPONDENT(s) No.
MR VH DESAI for the RESPONDENT(s) No.
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
R.M.CHHAYA
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 13/09/2021
IA ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)
1. Heard Mr.J.D.Ajmera, learned counsel for
the applicant and Mr.Meet Thakkar, learned Assistant
Government Pleader for the State authorities.
2. By way of this application, the heirs of
the original petitioner have prayed for the following
reliefs :
"(A) Your Lordships be pleased to
review and recall the order passed by this
Hon'ble Court in Civil Miscellaneous
Application No.403 of 2019, dated
19.08.2019 and may be pleased to hear the
said Civil Miscellaneous Application No.
403 of 2019 on merits.
(B) To pass such other and further orders
C/MCA/403/2019 IA ORDER DATED: 13/09/2021
which may be deemed fit and proper in the
interest of justice."
3. It deserves to be noted that Miscellaneous
Civil Application No.403 of 2019 was filed by the
original petitioner under the provisions of the
Contempt of Courts Act, 1971, as according to the
applicant - original petitioner, the directions
issued by the learned Single Judge of this Court in
judgment and order dated 01.02.2018 rendered in
Special Civil Application No.14851 of 2017 were not
implemented. As is evident from the order passed in
these proceedings, this Court considered the order
dated 21.06.2019 passed by the State authorities
whereby the calculation and computation of the salary
of the original petitioner was placed on record and
relying upon the same, it was found by this Court
that there was compliance of the directions issued by
the learned Single Judge in Special Civil Application
No.14851 of 2017.
4. Mr.Ajmera, learned counsel appearing for
the petitioner states that the directions issued by
the learned Single Judge are not implemented more
C/MCA/403/2019 IA ORDER DATED: 13/09/2021
particularly as provided in paragraph-7 of the
judgment of the learned Single Judge. Mr.Ajmera
further contended that as provided by the learned
Single Judge the respondents were required to give
effect of 4th Pay Commission recommendations from
01.01.1992, effect of 5th Pay Commission
recommendations from 01.01.1996 and effect of 6 th Pay
Commission recommendations from 01.01.2006. According
to Mr.Meet Thakkar, learned Assistant Government
Pleader the same has been adhered to.
5. On perusal of the order dated 21.06.2019
passed by the State authorities as well as the order
dated 19.08.2019 passed in main Miscellaneous Civil
Application No.403 of 2019, we do not find that it
constitutes any willful disobedience on the part of
the State authorities and the same was accepted by
the petitioner himself. However, on re-calculation if
the applicant finds that the same is not in
accordance with the directions issued by this Court,
it is open for the applicant to take appropriate
recourse available under law. The observation made in
this order is only limited to the present application
C/MCA/403/2019 IA ORDER DATED: 13/09/2021
under the provisions of the Contempt of Courts Act,
1971. Hence, no case for review is made out.
6. The application is disposed of accordingly
with the aforesaid liberty.
(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)
(BIREN VAISHNAV, J)
GAURAV J THAKER
