Solanki Kantibhai Becharbhai vs State Of Gujarat Through Shri ...
2022 Latest Caselaw 5801 Guj

     C/MCA/405/2022                              ORDER DATED: 30/06/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 405 of 2022

           In R/SPECIAL CIVIL APPLICATION NO. 9620 of 2016

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                  SOLANKI KANTIBHAI BECHARBHAI
                              Versus
            STATE OF GUJARAT THROUGH SHRI RAMKUMAR
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1,2,3,4,5,6,7,8
MR KM ANTANI, AGP for the Opponent(s) No. 1,2,3,4
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                            Date : 30/06/2022

                        ORAL ORDER

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

1. This contempt petition has been filed for alleged

violation of the order dated 15.3.2019 passed in Special Civil

Application No.9620 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 The communication dated 28.02.2019 shall be withdrawn by the State Government.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 per the judgment of the Apex Court in PWD and Forest Employees Union & Ors.(supra) and pass an appropriate order conferring the

C/MCA/405/2022 ORDER DATED: 30/06/2022

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."

2. In the reply affidavit, which has been filed, respondent

has contended that case of the petitioner was considered and

held that 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 18.6.2022, if so advised, contempt

proceeding stands dropped. Misc. Civil Application stands

dismissed accordingly. Notice is discharged.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) RADHAKRISHNAN K.V.