Gujarat High Court
Rameshbhai Atmaram Gajjar vs State Of Gujarat, Sandeepbhai B. ... on 24 June, 2022
Bench: Mauna M. Bhatt
C/MCA/470/2022 ORDER DATED: 24/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 470 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 14300 of 2019
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RAMESHBHAI ATMARAM GAJJAR
Versus
STATE OF GUJARAT, SANDEEPBHAI B. VASAVA, SECRETARY
==================================================
Appearance:
MS ARCHITA M PRAJAPATI(8241) for the Applicant(s) No. 1
MR CHINTAN DAVE, ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 24/06/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR)
1. This contempt proceeding has been initiated alleging
willful disobedience of the order dated 23.11.2021 passed in
Special Civil Application No.14300 of 2019 whereunder this
Court had issued the following directions:
"[9] Thus, the issue is well settled by the various
judgments of the Division Benches as well as the
Coordinate Benches. The respondents are directed to
grant amount of leave encashment to the extent of
300 days at par with other permanent employees to
C/MCA/470/2022 ORDER DATED: 24/06/2022
the petitioner and also grant the pension and
gratuity by considering the initial period of 10 years
spent as daily wager. Accordingly arrears shall be
paid to the petitioner by considering the initial 10
years of service. Necessary orders re-fixing the
pension and grant of arrears of pension and gratuity
as well as the amount of leave encashment of 300
days shall be passed within a period of three months
from the date of receipt of this order."
2. A plain reading of the above order would indicate that the
learned Single Judge had directed the respondents to grant the
petitioner the leave encashment of 300 days at par with other
permanent employees and also grant the pension and gratuity
by considering the initial period of 10 years spent as daily wager
and accordingly, the arrears of pension and gratuity were
required to be paid and necessary orders re-fixing the pension
and arrears of pension as well as the amount of leave
encashment of 300 days. On account of non-compliance of the
said order, the present contempt proceeding has been initiated.
3. Ms. Archita M. Prajapati, learned counsel appearing for
the petitioner would fairly submit that the cheque for
Rs.1,99,202/- has been issued to the petitioner towards gratuity
C/MCA/470/2022 ORDER DATED: 24/06/2022
amount .
4. Mr. Chitan Dave, learned Assistant Government Pleader
would submit that by office order dated 23.6.2022, the pension
has been re-fixed and accordingly, the computation has been
done. The order dated 23.6.2022 is placed on record. If the
petitioner is aggrieved by the computation, he would be at
liberty to challenge the same in the manner known to law.
5. Insofar as the issue relating to the leave encashment is
concerned, the said issue being at large before the Hon'ble Apex
Court and payment of the same having been stayed in one of the
matters, it cannot be gainsaid by the complainant herein that
there has been willful disobedience, particularly when the said
issue is at large before the Hon'ble Apex Court. In that view of
the matter, reserving liberty to the petitioner to not only
challenge the order dated 23.6.2022 if so advised but also to file
fresh contempt petition if advised on the issue relating to leave
encashment being laid to rest, this contempt proceeding stands
dropped.
(ARAVIND KUMAR,CJ)
(MAUNA M. BHATT,J)
Bharat
