Tushar Nalinkant Pathak vs K. A. Patel, Secretary Or His ...
2022 Latest Caselaw 7722 Guj

       C/MCA/706/2022                        ORDER DATED: 08/09/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 706 of 2022
                                  In
            R/SPECIAL CIVIL APPLICATION NO. 15885 of 2018

=============================================
                     TUSHAR NALINKANT PATHAK
                              Versus
       K. A. PATEL, SECRETARY OR HIS SUCCESSOR IN OFFICE
=============================================
Appearance:
MR. MUKESH T MISHRA(5900) for the Applicant(s) No. 1
MR CHINTAN DAVE ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1,2,3
=============================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                            and
           HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 08/09/2022
ORAL ORDER

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

1. This contempt proceedings have been initiated for alleged

willful disobedience of order dated 15.12.2020 passed in Special

Civil Application 15885 of 2018 where-under the following

directions came to be issued:

"13. For the foregoing reasons and analysis, the present writ petition is allowed. The impugned order dated 23.10.2017 is quashed and set aside. The respondents are directed to confer the benefits flowing from the Government Resolution dated 17.10.1988 to the petitioner and accordingly fix his pay as envisaged in the Government Resolution dated 17.10.1988 in light of the judgment of the Supreme Court in the cases of State of Gujarat Vs. PWD and Forest Employees Union (2019) 3 SCALE 642 and State of Gujarat Vs. PWD Employees

C/MCA/706/2022 ORDER DATED: 08/09/2022

Union and Ors., (2013) 12 SCC 417. The arrears shall accordingly be paid to him."

2. The compliance affidavit filed would indicate that pursuant

to order dated 08.06.2022, a sum of Rs.29,74,695/- and

Rs.41,812/- has been paid to the petitioner. Thus, we notice

there has been substantial compliance of order. However, Mr.

M.T. Mishra, learned counsel appearing for the petitioner

submits that respondents are required to extend 7 th Pay

Commission pay-scale for which, the claim is under

consideration before the Finance Department. His submission is

placed on record. Perusal of the order referred to herein-supra,

would indicate it is not specifically indicated or directed

thereunder that respondents have to pay 7th Pay Commission

pay-scale to petitioner. Be that as it may. In the event of

respondents are examining the said issue for extending benefit

of 7th Pay Commission, they are at liberty to do so and in the

event of petitioner being aggrieved by order dated 08.06.2022,

we reserve liberty to the petitioner to challenge the same in the

manner known to law.

3. Subject to these observations, contempt proceedings

C/MCA/706/2022 ORDER DATED: 08/09/2022

stands closed. Notice is discharge.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) phalguni