Pwd And Forest Employees Union vs Rajiv Kumar Gupta
2022 Latest Caselaw 3969 Guj

       C/MCA/250/2020                                    ORDER DATED: 04/04/2022




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/MISC. CIVIL APPLICATION NO. 250 of 2020
      In R/SPECIAL CIVIL APPLICATION NO. 11927 of 2018
=============================================
                  PWD AND FOREST EMPLOYEES UNION
                                Versus
                         RAJIV KUMAR GUPTA
=============================================
Appearance:
MR SHALIN MEHTA, SENIOR ADVOCATE WITH MS ADITI S RAOL(8128) for
Applicant(s) No. 1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25, 26,27,28, 29,
3,30,31,32,33,34,35,36,37,37.1,37.2,37.3,37.4,37.5,38,39,4,40,40.1,40.2,40.3,41,42,4
3,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58,59,6,60,61,61.1,61.2,61.3,62,63,63.
1,63.2,63.3,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,79.1,79.2,8,80,81,82,9
MS DIVYANGNA JHALA, ASST.GOVERNMENT PLEADER for Opponent No. 1,2,3
=============================================
     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
           KUMAR
           and
           HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                           Date : 04/04/2022
                             ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. The direction issued in Special Civil Application

No.11927 of 2018 vide order dated 15.03.2019 is the one

which is alleged to have been willfully disobeyed by the

respondents. The direction so issued reads as under :

"6. Under the circumstances, in view of the statement made by the learned Advocate General, the petitions stand disposed of. The communication dated 28.02.2019 shall be withdrawn by the State Government. Further direction is also issued that the committee shall examine the grievances of the petitioners as per the judgment of the Apex Court in PWD and Forest Employees Union & Ors.(supra) and pass an appropriate order conferring the benefits as stated therein. The writ petitions are disposed of in terms of the judgment of the Apex Court. Rule is made absolute to the aforesaid extent."

C/MCA/250/2020 ORDER DATED: 04/04/2022

2. A plain reading of above direction would indicate

that the Committee was directed to examine the grievance

of the petitioners in the background of the judgment of

Hon'ble Apex Court and to pass appropriate orders

conferring the benefits as stated therein.

3. Today the learned Assistant Government Pleader

has filed the affidavit of the third respondent stating

thereunder that the claim of the petitioners has been

examined and appropriate benefits have been conferred on

the petitioner vide order dated 28.03.2022 (Annexure-R1).

The parties are at liberty to work out their rights in

compliance of this order and in the event of the respondent

- contemnor not complying with the order dated

28.03.2022, petitioners would be at liberty to revive this

contempt proceeding.

4. With this observation, contempt proceeding

stands dropped. Misc. Civil Application No.250 of 2020

stands dismissed. Notice discharged.

(ARAVIND KUMAR, CJ)

(ASHUTOSH J. SHASTRI, J) GAURAV J THAKER