Gujarat High Court
Raghubhai Ukabhai Makwana vs S B Vasava, Secretary And Or His ... on 1 February, 2022
Bench: Ashutosh J. Shastri
C/MCA/848/2021 ORDER DATED: 01/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 848 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 10127 of 2020
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RAGHUBHAI UKABHAI MAKWANA
Versus
S B VASAVA, SECRETARY AND OR HIS SUCCESSOR IN OFFICE
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Appearance:
MR NILESH M SHAH(780) for the Applicant(s) No. 1
MR DHARMESH DEVNANI ASSISTANT GOVERNMENT PLEADER for the
Opponent (s) No.
NOTICE SERVED BY DS for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 01/02/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
The contempt proceedings has been initiated for alleged
violation of the order dated 15.12.2020 passed in Special Civil
Application 10127 of 2020, which is to the following effect.
"5. Considering the aforesaid facts and when the similarly
situated employee has been granted such benefits, the
respondents are directed to consider the case of the petitioner
on the lines with that of the respondent of LPA no. 174 of 2017
within a period of eight weeks from the date of receipt of the
copy of the order.
In the event the respondents consider him eligible which
expectedly they would, the petitioner being similarly situated,
benefits in accordance with the judgment in LPA No. 174 of
2017 be extended within four weeks thereafter. Petition is
disposed of with the aforesaid direction. Rule is made absolute
accordingly."
C/MCA/848/2021 ORDER DATED: 01/02/2022
Today, the learned Assistant Government Pleader has placed
on record the order dated 31.01.2022 under which, claim of the
petitioner has been rejected. Hence, placing the same on record, the
contempt proceedings requires to be dropped, reserving liberty to
the complainant to challenge the order dated 31.01.2022 in the
manner known to law. However, this Court cannot loose sight of the
fact that direction issued to the respondent was to consider the claim
of the petitioner within eight weeks from the date of receipt of the
copy of the order and there is no material placed on record to show
as to what transpired for the past thirteen (13) months which
prevented the authority from not passing the aforesaid order within
time frame fixed by this Court. At this juncture, the learned Assistant
Government on instructions from the respondent would submit that a
sum of Rs.15,000/- (Rupees Fifteen Thousand Only) would be paid by
way of compensatory cost to the complainant for the delay that has
occurred in passing the order dated 31.01.2022. His submission and
undertaking are placed on record and permitting the contemner to
pay the costs to the complainant, the contempt proceedings stands
closed.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
phalguni
