Gujarat High Court
Devayatbhai Govindbhai Vala vs M. H. Aatroliya, Executive ... on 13 January, 2022
Bench: Ashutosh J. Shastri
C/MCA/260/2021 ORDER DATED: 13/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 260 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 12325 of 2020
With
R/MISC. CIVIL APPLICATION NO. 266 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12316 of 2020
With
R/MISC. CIVIL APPLICATION NO. 268 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12317 of 2020
With
R/MISC. CIVIL APPLICATION NO. 267 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12318 of 2020
With
R/MISC. CIVIL APPLICATION NO. 264 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12320 of 2020
With
R/MISC. CIVIL APPLICATION NO. 265 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12321 of 2020
With
R/MISC. CIVIL APPLICATION NO. 263 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12323 of 2020
With
R/MISC. CIVIL APPLICATION NO. 261 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12324 of 2020
With
R/MISC. CIVIL APPLICATION NO. 262 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12326 of 2020
With
R/MISC. CIVIL APPLICATION NO. 270 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12327 of 2020
With
R/MISC. CIVIL APPLICATION NO. 269 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12328 of 2020
With
R/MISC. CIVIL APPLICATION NO. 271 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12330 of 2020
With
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C/MCA/260/2021 ORDER DATED: 13/01/2022
R/MISC. CIVIL APPLICATION NO. 273 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12331 of 2020
With
R/MISC. CIVIL APPLICATION NO. 272 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12333 of 2020
With
R/MISC. CIVIL APPLICATION NO. 274 of 2021
In
SPECIAL CIVIL APPLICATION NO. 12334 of 2020
==========================================================
DEVAYATBHAI GOVINDBHAI VALA
Versus
M. H. AATROLIYA, EXECUTIVE ENGINEER
==========================================================
Appearance:
MS ASHLESHA M PATEL(6127) for the Applicant(s) No. 1
MR RITURAJ M MEENA(3224) for the Opponent(s) No. 1
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 13/01/2022
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. These contempt proceedings have been initiated for willful
disobedience and non-compliance of the order dated 22.12.2020
passed in Special Civil Application No.12316 of 2020 and
connected matters where-under, the learned Single Judge has
issued the following directions:-
12. The petitioners are entitled to the due benefit under
Government Resolution dated 17.10.1988 by considering
them in continuous service from the initial date of their
appointment till the date of their superannuation of course
with a rider that the period during which they have been
denied the back wages be treated as notional and the
petitioners are entitled for the said period as notional benefit
under Government Resolution dated 17.10.1988 for that
period meaning thereby the date of earlier termination and
the date of award setting aside the termination, that is, May
2011 in respective awards which were passed in favour of
C/MCA/260/2021 ORDER DATED: 13/01/2022
the petitioners. Thus, the period as indicated above is
treated as notional in view of further fact that the learned
counsel appearing for the respective petitioners has
submitted under instructions that all the petitioners are
ready and willing to be entitled notional benefit under the
resolution for that said period. As a result of this, the same
award is modified to the aforesaid extent.
2. On respondents being notified, first respondent has filed
an affidavit on 24.7.2021 stating thereunder that on receipt of
the direction issued by the learned Single Judge, the Board
requested the Finance Department to calculate the difference
amount from 24.5.2012 to 31.12.2020, which comes to about
Rs.1,27,00,000/-, i.e. Rs.8,50,000/- to each of the
complainants. It is also deposed that Board has already sent a
communication dated 25.2.2021 (Annexure-R1) to the Head
Office regarding the compliance of the order dated 22.12.2020. It
is stated that pursuant to the said communication, the amount
has been paid to the complainants. This fact is not disputed by
the learned counsel appearing for the complainants. However,
learned counsel appearing for the complainants would
vehemently contend that what has been paid is only on the basis
of 5th Pay Commission, though petitioners- complainants are
entitled for 6th and 7th Pay Commission and same has to be paid.
Attention of this Court is also drawn to the order dated
16.12.2021 passed in these contempt proceedings, where-under,
respondent was directed to deposit 50% of the amount referred
to in the communication dated 29.7.2021, namely Rs.60 lakh.
The said amount is said to have been deposited before this
Court. It is also contended this Court being conscious of the fact
that pay scale as per 6th Pay and 7th Pay Commissions has not
been paid to complainants, direction came to be issued to
respondent to deposit Rs.60 lakhs vide order dated 23.12.2021.
Time and again, the Hon'ble Apex Court has reminded the High
C/MCA/260/2021 ORDER DATED: 13/01/2022
Courts that while examining a contempt petition, the order
alleged to have been willfully disobeyed would only be examined
and no further direction can be issued. It would be apt and
appropriate to note the judgments of Hon'ble Apex Court, viz. (1)
in the case of V. Senthur and Another Vs. M. Vijaykumar, IAS,
Secretary, Tamil Nadu Public Service Commission and Another
[2021 SCC Online SC 846], (2) in the case of K. Arumugam Vs.
V. Balakrishnan and others [(2019)18 SCC 150] and (3) in the
case of Sudhir Vasudeva, Chairman and Managing Director, Oil
and Natural Gas Corporation Ltd. And others Vs. M. George
Ravishekaran and others [(2014)3 SCC 373], whereunder
aforesaid principles have been enunciated.
3. In the light of aforesaid authoritative pronouncements of
the Hon'ble Apex Court, when the facts on hand are examined, it
would clearly indicate that direction which came to be issued by
the learned Single Judge which has been complained of having
been willfully disobeyed is to the effect that benefits due under
the Government Resolution dated 17.10.1988 should be given to
the complainants and the back-wages be treated as notional and
the actual benefits are to be paid after proper calculation. Under
the said order, 8 weeks' time came to be granted to respondent
to comply and it was extended on 22.6.2021, by granting time to
comply on or before 27.7.2021. It is in this background, the
respondent wrote yet another communication to the Finance
Department to accord appropriate sanction and after having
taken the sanction, an amount of Rs.1,27,00,000/- has been
paid to all the complainants, namely at the rate of Rs.8,50,000/-
to each of the complainants. Since there is no positive direction
to grant or pay 6th and 7th Pay Commission, it would be open to
the complainants to pursue their remedy in appropriate forum
for grant of said relief. We make it clear that we are not
C/MCA/260/2021 ORDER DATED: 13/01/2022
expressing any opinion in that regard and all contentions are
kept open. Hence, without expressing any opinion in that regard
and having regard to the contentions raised in the Additional
Affidavit filed on 17.11.2021, we drop the contempt proceedings
and grant liberty to the applicants/ complainants to challenge
the action of the respondents in the manner known to law.
Hence, contempt proceedings stand DROPPED with liberty as
noted above.
4. The amount of Rs.60 lakh deposited by the first respondent
in this proceedings is ordered to be refunded to the first
respondent on an affidavit being filed specifying the details of the
bank IFSC Code, branch details etc., so as to enable the Registry
to transfer the said amount to the account so specified in the
affidavit that may be filed by the first respondent. On such
affidavit being filed, the Registry shall forthwith transfer the said
amount of Rs.60 lakhs to the account of first respondent
specified in the affidavit.
Sd/-
(ARAVIND KUMAR,CJ)
Sd/-
(ASHUTOSH J. SHASTRI, J)
OMKAR
