Salaniya Babubhai Hirabhai vs Vivek Bajpal Or His Successor
2022 Latest Caselaw 516 Guj

Citation : 2022 Latest Caselaw 516 Guj
Judgement Date : 17 January, 2022

Gujarat High Court

Salaniya Babubhai Hirabhai vs Vivek Bajpal Or His Successor on 17 January, 2022

Bench: Ashutosh J. Shastri

     C/MCA/25/2017                                ORDER DATED: 17/01/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 25 of 2017
                                  In
             R/SPECIAL CIVIL APPLICATION NO. 4550 of 2003

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                    SALANIYA BABUBHAI HIRABHAI
                                Versus
               VIVEK BAJPAL OR HIS SUCCESSOR & 1 other(s)
==================================================================
Appearance:
MR OM PRAKASH KHURANA(2229) for the Applicant(s) No. 1
MR DEVANG VYAS(2794) 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 : 17/01/2022
                               ORAL ORDER

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

1. Heard Mr. Om Prakash Khurana, learned counsel appearing for the

complainant and Mr. Siddharth Dave, learned counsel appearing on

behalf of Mr.Devang Vyas for the contemnor.

2. This contempt proceeding has been initiated alleging that there has

been willful disobedience of the order dated 01.08.2016 passed in Special

Civil Application No.4550 of 2003. On service of notice, the respondents

have appeared and filed their counter affidavit contending inter alia that

order alleged to have been violated has been complied. In the light of the

rival contentions raised, it would be necessary to extract the order which

is alleged to have been disobeyed. It reads:

C/MCA/25/2017 ORDER DATED: 17/01/2022

"(12) In view of the above and for the reasons stated hereinabove, the petition succeeds. The impugned orders of desertion and consequential dismissal are hereby quashed and set aside. Consequently, it is held that the petitioner shall be entitled to all the retiral benefits which may be available to him, including benefits of monthly pension, gratuity, commutation, leave encashment, etc. The concerned respondents are hereby directed to pay all the retiral benefits to the petitioner and continue to pay the same as and when due and payable. The arrears to be calculated and paid within a period of three months, which shall carry the interest @ 7.5% per annum from the date the petitioner is entitled to the retiral benefits. The respondent authorities are directed to return Rs.6,392/, which they have deducted from the Provident Fund A/c. / A/c. of the petitioner, which shall be returned to the petitioner within a period of three months along with arrears and the retiral benefits, which shall also be carried interest @ 7.5% per annum. RULE is made absolute to the aforesaid extent. In the facts and circumstances of the case there shall be no order as to costs."

3. In the counter affidavit dated 25.06.2018 that has been filed, it has

been clearly stated in paragraph 5 that amount is required to be calculated

and amount specified therein with interest has been paid by the office of

the Principal, CDA (Pension), Allahabad to the complainantand it reads:

"5a. The department has paid an amount of Rs.1,14,967/- to the petitioner by way of commuted value of pension;

b. An amount of Rs.40,089/- (Fourty thousand Eighty nine only) of net gratuity;

c. It is submitted that an amount of interest @ 7.5% p.a. on arrears with effect from 1.4.1997 till the date of actual payment is also paid to the petitioner.

d. It is submitted that an amount of Rs.21,21,384.14 is paid, including an amount of interest to the petitioner and the petitioner is getting regular pension every month and at present, petitioner is getting an amount of Rs.17,130/- p.m. by way of pension. Copy of chart showing the details of payment made is annexed herewith and marked as Annexure-A to this reply.

      C/MCA/25/2017                                       ORDER DATED: 17/01/2022



      e.      It is submitted that an amount of Rs.6,392/- is also paid to the

petitioner. However, an amount of interest on the said amount of Rs.6,392/- is under process and an amount of interest on the said amount will also be paid to the petitioner very soon.

f. It is submitted that the amount of leave encashment of 35 days is required to be paid by the petitioner as per the judgment and order passed by the Hon'ble Division Bench in Special Civil Application No.4550 of 2003. The department is also in process of payment of said amount of leave encashment along with interest and the said amount will also be paid very soon to the petitioner along with interest @ 7.5 p.a."

4. Learned counsel appearing for the complainant has contended that

only a part of the amount has been received and not the full amount.

When there is a categorical statement made by the contemnor, the

amounts to which the petitioner would be entitled to and same having

been paid, the contention of said decision would not be gone into in these

proceedings. If at all there is any short payment as claimed, the

complainant would be at liberty to challenge said quantification in the

manner known to law. However, insofar as the interest of Rs.6,392/-

which is the amount deducted from the provident fund account of the

petitioner which was also ordered to be refunded with interest has been

partially complied, the fact remains that said principal amount has been

refunded. However, nothing is forthcoming from the record with regard