Zala Rajusinh Lalasinh vs State Of Gujarat Through Ramkumar
2022 Latest Caselaw 6702 Guj

       C/MCA/430/2022                               ORDER DATED: 27/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 430 of 2022

             In R/SPECIAL CIVIL APPLICATION NO. 9614 of 2016

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                         ZALA RAJUSINH LALASINH
                                 Versus
                  STATE OF GUJARAT THROUGH RAMKUMAR
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1
MR. K.M. ANTANI, AGP, for the Opponent(s) No. 4
NOTICE SERVED 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 : 27/07/2022

                        ORAL ORDER

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

1. Learned counsel for the petitioner is absent. We have

heard learned AGP Mr. K.M. Antani appearing for the State.

2. This contempt proceedings has been filed for alleged

violation of the order dated 15.03.2019 passed in Special

Civil Application No.9614 of 2016, whereunder this Court had

issued following directions:

"6. Under the circumstances, in view of the statement made by the learned Advocate General, the petitions stand disposed of.

The communication dated 28.02.2019 shall be withdrawn by the State Government. Further direction is also issued that the committee shall examine the grievances of the petitioners as

C/MCA/430/2022 ORDER DATED: 27/07/2022

per the judgment of the Apex Court in PWD and Forest Employees Union & Ors.(supra) and pass an appropriate order conferring the benefits as stated therein. The writ petitions are disposed of in terms of the judgment of the Apex Court. Rule is made absolute to the aforesaid extent."

3. In the reply affidavit, which has been filed, the

respondent has contended that case of the petitioner was

considered and held that the petitioner while in service had

enjoined the benefits as directed by this Court by virtue of

being in receipt of pay-grade. Copy of the order dated

18.6.2022 passed by the respondent after considering the

claim of the petitioner is produced as Annexure-R1. The

payslip of the petitioner for the month of June, 2022 is also

appended as Annexure-R/2. In that view of the matter,

continuation of the contempt proceedings would not arise

and reserving liberty to the petitioner to challenge the order/

communication dated 18.06.2022, if so advised, contempt

proceeding stands dropped. Misc. Civil Application stands

dismissed accordingly. Notice is discharged.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) AMAR SINGH