Kalubhai Pratapbhai Malivad vs Dhananjay Driwedi Or His ...
2022 Latest Caselaw 6533 Guj

     C/MCA/639/2022                              ORDER DATED: 21/07/2022




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/MISC. CIVIL APPLICATION NO. 639 of 2022
                               In
         R/SPECIAL CIVIL APPLICATION NO. 15527 of 2020

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        KALUBHAI PRATAPBHAI MALIVAD & 43 other(s)
                          Versus
DHANANJAY DRIWEDI OR HIS SUCCESSOR IN OFFICE , THE STATE OF
                   GUJARAT & 2 other(s)
==================================================
Appearance:
MS ASHLESHA M PATEL(6127) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,3
2,33,34,35,36,37,38,39,4,40,41,42,43,44,5,6,7,8,9
 for the Opponent(s) No. 1,2,3
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  CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
        ARAVIND KUMAR
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                           Date : 21/07/2022
                             ORAL ORDER

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

1. This contempt proceeding has been initiated for alleged

violation of the order dated 8.2.2022 passed in Special Civil

Application No.15527 of 2020 whereunder the respondents

were directed to fix the pension of the applicants by counting

their services from the date of their initial joining till the date of

retirement. Respondents were also directed to pay retiral

benefits except leave encashment within twelve weeks.

C/MCA/639/2022 ORDER DATED: 21/07/2022

2. Mr. K.M. Antani, learned AGP would submit that by virtue

of re-fixation of the pension by counting the services of the

applicants from the date of initial joining of duty would not

result in any amount being paid to the applicants. However, he

would submit that no order has been passed to the said effect

and undertakes that respondents would pass the order so re-

determining the re-fixation of the pension as ordered in the

Special Civil Application within two weeks from today. His

submission and undertaking is placed on record.

3. He would also hasten to add that under similar

circumstances, the State has preferred Special Leave to Appeal

before the Hon'ble Apex Court challenging the judgment and

order dated 18.10.2021 passed in Letters Patent Appeal No.923

of 2021 whereunder the Hon'ble Apex Court has stayed the

operation of the impugned order, insofar as claim for payments

having not been made. This fact is also not seriously disputed by

the learned advocate appearing for the applicants. However,

learned AGP would fairly submit that applicants would be paid

the difference in gratuity within ten days from today. Placing

his submission on record, contempt proceeding stands closed

and it is made clear that in the event of difference in gratuity

C/MCA/639/2022 ORDER DATED: 21/07/2022

amount not being paid to the applicants within ten days as

undertaken, the applicants would be at liberty to revive this

contempt proceeding by filing a simple note in the Registry.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) Bharat