Vankar Revabhai Khemabhai vs Gayatriben Dave, The Secretary
2022 Latest Caselaw 710 Guj

        C/MCA/917/2019                                  ORDER DATED: 20/01/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 917 of 2019

            In R/SPECIAL CIVIL APPLICATION NO. 7635 of 2016

=============================================
                       VANKAR REVABHAI KHEMABHAI
                                   Versus
                    GAYATRIBEN DAVE, THE SECRETARY
=============================================
Appearance:
. for the Applicant(s) No. 4
MR.SHALIN MEHTA, SENIOR COUNSEL WITH ADITI S RAOL(8128) for the
Applicant(s) No. 1,2,3,4.1,4.2,4.3,5,6,7,8,9
MS.MANISHA LUVKUMAR SHAH, GOVERNMENT PLEADER(1) for the
Opponent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                             Date : 20/01/2022

                               ORAL ORDER

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

[1] This contempt proceedings have been initiated for

violation of the order dated 07.05.2019 passed in Special

Civil Application No.7635 of 2016 whereunder the

following directions came to be issued:

"6. Under the circumstances, since both the learned advocates for the respective parties have placed reliance on the common judgment, the respondents are hereby directed to consider the case of the petitioners in light of the law enunciated by the Apex Court in the case of PWD and Forest Employees

C/MCA/917/2019 ORDER DATED: 20/01/2022

Union (supra) and pass the appropriate order for fixing their pay scale. The respondents while considering the case of the petitioners in terms of the directions/observations of the Apex Court shall also take into account the observations of the Division Bench made in the judgement dated 29.03.2016 rendered in Letters Patent Appeal No.2047 of 2004. Such order shall be passed within a period of two(2) months from the date of receipt of the writ of this order."

[2] Ms.Manisha Luvkumar Shah, learned Government

Pleader has placed on record the communication dated

18.01.2022 whereunder it is stated that as per the

Government Resolution referred to therein the pay scale

has been fixed as indicated in paragraph 2 of the said

order. Though Mr. Shalin Mehta, learned senior counsel

would contend that it is in violation of Article 309 of the

Constitution of India and there is no pay fixation order, we

are satisfied that the direction issued to fix the pay scale

having been passed as per the communication dated

18.01.2022, and as such, continuation of the contempt

proceedings would not arise. However, we notice that

there is delay of two and half years in not passing this

order for which no explanation is forthcoming from the

C/MCA/917/2019 ORDER DATED: 20/01/2022

respondent. Hence, the contemnor, who has forwarded

the communication dated 18.01.2022, which ought to

have been done at the first instance would be liable to pay

cost to the complainants. Since, order alleged to have

been violated has been complied, we are of the

considered view that contempt proceedings requires to be

dropped subject to contemnor paying cost of Rs. 1,000/- to

each of the petitioners. The said cost shall be paid

personally by the signatory to the commutation dated

18.01.2022 and same shall not be borne by the

exchequers / State.

[3] It is needless to state that if the complainants are

aggrieved by the communication dated 18.01.2022 they

would be at liberty to challenge the same in the manner

known to law.

(ARAVIND KUMAR, C.J.)

(ASHUTOSH J. SHASTRI, J.) DHARMENDRA KUMAR