Vasant Laxmanbhai Patil vs State Of Gujarat
2021 Latest Caselaw 14674 Guj

     C/MCA/527/2020                            ORDER DATED: 21/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 527 of 2020

                                   In

            R/SPECIAL CIVIL APPLICATION NO. 20199 of 2018

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                      VASANT LAXMANBHAI PATIL
                               Versus
                         STATE OF GUJARAT

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Appearance:
ANIL H PARMAR(9272) for the Applicant(s) No. 1
MR DHARMESH DEVNANI, AGP for the Opponent(s) No. 1,4
SERVED BY RPAD (N)(6) for the Opponent(s) No. 2,3,5,6,7
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 21/09/2021

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. It is the case of the applicant - original petitioner that the directions issued by this Court vide oral judgment dated 24.02.2020 rendered in Special Civil Application No.20199 of 2018 are not complied with.

2. Pursuant to the earlier order passed by this Court 06.08.2021, learned Assistant Government submitted that additional affidavit has been filed and the directions issued by this Court are complied with.

3. Mr.Anil Parmar, learned advocate for the applicant

C/MCA/527/2020 ORDER DATED: 21/09/2021

has tried to assail the order passed by the respondent relying upon the observations made in paras:7 and 8 of the judgment dated 06.08.2021. He would submit that it has been observed in para:8 that the respondent authority was supposed to finalise the benefits or to compute the pension on the basis of calculation furnished by the petitioner though no proper order has been passed.

3. On the other hand, learned Assistant Government Pleader would submit that the learned Single Judge has directed the respondent authority to re-fix the salary of the petitioner - applicant herein in accordance with law and, therefore, appropriate order has been passed.

4. Having heard learned advocates for the parties and considering the directions which are referred herein below, more particularly paras:7 and 8 of the judgment dated 06.08.2021, we are of the opinion that there is no contempt as the directions issued by the learned Single Judge vide judgment dated 06.08.2021 appear to have been complied with. As such, present application would not survive. Hence, the present application is disposed of. Notice is discharged.

5. It is open for the petitioner to challenge the order dated 07.01.2021 passed by the respondent and produced along with the affidavit filed on behalf of respondent

C/MCA/527/2020 ORDER DATED: 21/09/2021

No.4. For rest of the grievances, it would be open for the applicant to file appropriate application / representation.

(A.J.DESAI, J)

(NIRZAR S. DESAI,J) MISHRA AMIT V.