Gujarat High Court
Chandrakant Bharatbhai Gamit ... vs Anju Sharma on 14 February, 2022
Bench: Ashutosh J. Shastri
C/MCA/596/2021 ORDER DATED: 14/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 596 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 9179 of 2019
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CHANDRAKANT BHARATBHAI GAMIT SINCE DECEASED THORUGH
LEGAL HEIRS
Versus
ANJU SHARMA & 1 other(s)
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Appearance:
HUNAIZA H QURESHI(8903) for the Applicant(s) No. 1,1.1,1.2,1.3
MR. EKRAMA H QURESHI(7000) for the Applicant(s) No. 1,1.1,1.2,1.3
NOTICE SERVED for the Opponent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 14/02/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
The amount in deposit namely Rs.66,685/- (Rupees Sixty Six
Thousand Six Hundred Eighty Five Only) is ordered to be released in
favour of the applicants forthwith by the Registry on an affidavit being filed
by the applicants furnishing the details of the Bank, Branch, IFSC Code
etc. Within a period of three (3) days from the filing of the affidavit, the
amount shall be transferred by the Registry to the account of the
applicants.
This contempt proceedings has been initiated for alleged
disobedience of the order dated 25.09.2019 passed in Special Civil
Application 9179 of 2019 whereunder the learned Single Judge had issued
the following direction :
"5.6. Thus, the Division Bench partly-allowed the Letters Patent
C/MCA/596/2021 ORDER DATED: 14/02/2022
Appeal against the judgment in Special Civil Application No. 8152 of
2015, and directed that the petitioners shall be entitled to salary
and other benefits at par with those ad-hoc Lecturers appointed
prior to May, 2008 and that they shall be granted such benefits from
the last three years preceding the filing of the petition, that is from
2012 onwards.
6. Since the present petitioners were already selected by the
Gujarat Public Service Commission, their grievance remains about
the receipt of arrears. Therefore, the respondents are directed to
grant all the petitioners the arrears from May 2012 till selection of
each of the petitioners by the Gujarat Public Service Commission
from the respective date. The relief and the directions given by this
Court in Acharya Madhavi Bhavin (supra), as modified by the
Letters Patent Bench in Letters Patent Appeal No. 1184 of 2017
shall govern the present petitioners also. In the aforesaid terms, the
arrears shall be paid to the petitioners within 10 weeks from the
date of service of copy of the present order."
It is the grievance of Mr. Ekrama Qureshi, learned counsel
appearing for the complainants that the order/direction as passed by the
learned Single Judge has not been complied completely, whereas, it is the
stand of the State that as directed by the Division Bench in Letters Patent
Appeal 1184 of 2017, which is also extracted by the learned Single Judge,
the benefits have been calculated for the period last three years preceding
the filing of the petition and it has been determined and paid to the
complainants. The order passed in Letters Patent Appeal 1184 of 2017
which is referred to by the learned Single Judge in paragraph 5.6 herein
supra, had directed the respondents to grant the benefits for last three
years preceding the filing of the petition.
"At this juncture, Mr. Ekrama Qureshi is not allowing this Court to
pass orders or continue with the dictation and time and again he is
obstructing the Court proceedings and after we recorded this, he
apologizes for the same. If this conduct of the learned counsel is
allowed to stand, then it would not only send a wrong message to
the members of the Bar, but it would be not be good in the
administration of justice. Though we are not inclined to accept his
C/MCA/596/2021 ORDER DATED: 14/02/2022
apology since it does not seem to be with any good intention, yet in
the larger interest of the members of the Bar by deprecating his
conduct, we have proceeded to dictate the order."
However, Mr. Qureshi, learned counsel appearing for the
complainants would contend that the observations of the Division Bench is
not extended to the complainants. Said issue is at large before the Division
Bench in the Letters Patent Appeal which is filed against the order passed
by the learned Single Judge. Hence, it is for the parties to urge their
respective grounds in the pending Letters Patent Appeal as any opinion
expressed by us may prejudice the rights of either of the parties.
With this observations, the contempt proceedings stands dropped.
Mr. Ekrama Qureshi, learned counsel has tendered unconditional
apology and has expressed his remorse which we presume in with
sincerity. As such, we accordingly accept the affidavit and close the issue.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
phalguni
