Gujarat High Court
Legal Heirs Of Decd. Govindsinh ... vs M K Jadav, Secretary on 2 May, 2022
Bench: Ashutosh J. Shastri
C/MCA/890/2019 ORDER DATED: 02/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 890 of 2019
In
R/SPECIAL CIVIL APPLICATION NO. 9327 of 2017
==========================================================
LEGAL HEIRS OF DECD. GOVINDSINH CHANDUBHA SARVAIYA
Versus
M K JADAV, SECRETARY
==========================================================
Appearance:
MR DG SHUKLA(1998) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
MR HARSHEEL D SHUKLA(6158) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6
MR KM ANTANI, AGP for the Opponent(s) No. 1,2,3,4
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 02/05/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. This contempt proceedings have been initiated for alleged
violation of the order dated 27.12.2018 passed in Special Civil
Application No.9327 of 2017 where-under, the Coordinate Bench
while disposing of the Special Civil Application had directed as
under:-
7. In view of above position emerging in light and on facts, the
petitioner deserves to succeed. The respondents are directed to
determine the pension, gratuity and other monetary benefit of
the petitioner and pay the same to the petitioner on the basis of
his date of employment as 24th September, 1976 and counting
the length of service accordingly for the purpose of conferment of
benefits flowing from Resolution dated 17th October, 1988. The
arrears which may arise to be paid to the petitioner by virtue of
this order shall be paid within a period of eight weeks from the
date of service of judgment/ order upon the respondents. It is
provided that if the order of payment of arrears is not complied
with within the aforesaid stipulated time, it shall carry interest at
C/MCA/890/2019 ORDER DATED: 02/05/2022
the rate of 7% from the date of filing of the petition, that is 03rd
May, 2017, till the date of payment.
2. Learned Assistant Government Pleader has filed
compliance affidavit inter alia contending that order has been
complied.
3. Perusal of the directions issued by the Coordinate Bench,
as referred to herein-above, would indicate that respondents
were directed to determine the pension, gratuity and other
monetary benefits of the petitioner and pay the same to
petitioner on the basis of his date of employment as 24.9.1976
and counting the length of service accordingly for the purpose of
conferment of the benefits flowing from Government Resolution
dated 17.10.1988. It was also directed that arrears to be paid by
virtue of the said order shall be paid within 8 weeks, failing which
it would carry interest @ 7% from the date of filing of the
petition, i.e. 3.5.2017.
4. The compliance affidavit filed by the respondent would
indicate that by order dated 30.1.2020, the Pension Payment
Order has been issued and arrears have been calculated and
order for payment has been passed on 25.2.2020, vide
Annexure-R2 (collectively). However, Mr. D.G. Shukla, learned
C/MCA/890/2019 ORDER DATED: 02/05/2022
counsel, on the last date of hearing had brought to our notice
that though there was direction to pay interest, but same has not
been paid.
5. Today, learned Assistant Government Pleader makes a
statement across the bar that interest of Rs.2,23,584/- has been
paid from 3.5.2017 to 25.2.2020 on Rs.11,32,973/-. However, Mr.
D.G. Shukla, learned counsel appearing for the petitioner, would
vehemently contend that the calculation which has been made is
improper and petitioner is entitled to much more than what has
been computed, determined and paid and there is lack of details
furnished. In that view of the matter, reserving liberty to the
petitioner to challenge the orders under which he has been paid
arrears, including interest component, if so advised, contempt
proceedings stands DROPPED. Notice is discharged.
Sd/-
(ARAVIND KUMAR,CJ)
Sd/-
(ASHUTOSH J. SHASTRI, J)
OMKAR
