Pankaj Somabhai Solanki vs Manoj Aggarwal
2022 Latest Caselaw 5855 Guj

    C/MCA/376/2022                          ORDER DATED: 01/07/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/MISC. CIVIL APPLICATION NO. 376 of 2022
                               In
         R/SPECIAL CIVIL APPLICATION NO. 16342 of 2019

=============================================
              PANKAJ SOMABHAI SOLANKI & 6 other(s)
                              Versus
                    MANOJ AGGARWAL & 2 other(s)
=============================================
Appearance:
MS ASHLESHA M PATEL(6127) for the Applicant(s) No. 1,2,3,4,5,6,7
MS VRUNDA SHAH ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1,2
MR MANISH J PATEL(2131) for the Opponent(s) No. 3
=============================================

  CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                            and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 01/07/2022

ORAL ORDER

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

The learned counsel appearing for respondent 3 has

furnished orders dated 27.06.2022 under which, the claim of

first complainant has been accepted and certain amount has

also been paid. Perusal of order dated 06.08.2021 would

indicate that respondent was required to examine each case of

the petitioners with regard to service conditions and to extend

the benefit only if they are found eligible as per the judgment

dated 21.12.2018 passed in Special Civil Application 7462 of

2012 and allied matters as well as order dated 09.05.2019

C/MCA/376/2022 ORDER DATED: 01/07/2022

passed in Letters Patent Appeal 1555 of 2019. Accordingly,

order dated 27.06.2022 has been passed and same is placed on

record. It is stated that complainants 2 to 7 are not eligible and

if it is so, it is open for the complainants to challenge the same

in the manner known to law.

We also notice from the order of learned Single Judge that

liberty has been granted to the petitioners to revive the said

writ petition by filing a simple note before the Registry in the

event of an adverse decision being taken by the respondent. In

light of claim of complainants 2 to 7 having been rejected, it

would be open for petitioners to avail the said remedy also

which is granted by the learned Single Judge. The learned

counsel appearing for the complainants submits that a sum of

Rs.1,30,872/- is received by complainant no. 1. If complainant

no. 1 is aggrieved by the computation, he would be at liberty to

take such steps as he may be advised and reserving liberty to

complainant no. 1 to do so, present contempt proceedings

stands closed. Notice is discharged.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) phalguni