Parvtiben Wd/O Natwarbhai ... vs K M Bhimjiyani, Ias, Secretary
2023 Latest Caselaw 3108 Guj

    C/MCA/272/2023                            ORDER DATED: 20/04/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 272 of 2023

          In R/SPECIAL CIVIL APPLICATION NO. 3671 of 2022

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                PARVTIBEN WD/O NATWARBHAI TIMANIYA
                               Versus
                   K M BHIMJIYANI, IAS, SECRETARY
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Appearance:
MR SAMIR B GOHIL(5718) for the Applicant(s) No. 1
MR AKASH GUPTA, AGP for the Opponent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                          Date : 20/04/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

By way of this contempt petition, it has been alleged that there is willful defiance of order dated 29.9.2022 passed by the High Court in SCA No.3671 of 2022.

Pursuant to the notice being issued, learned AGP has filed affidavit of Under Secretary of Agriculture Farmer Welfare and Cooperation Department, Gandhinagar, affirmed on 20.4.2023 and in categorical terms has undertaken that due benefit from the order dated 29.9.2022 would be paid within a period of four weeks from today subject to outcome of the LPA which may be filed, if so advised by the department. Para 3 of said affidavit is quoted below:-

"I most humbly submit that all the benefits arising of

C/MCA/272/2023 ORDER DATED: 20/04/2023

the GR dated 5.7.2011 and 7.4.2016 of the GAD and pensionary benefits according to the order and judgment dated 29.9.2022 as directed by this Hon'ble Court in the order passed in Special Civil Application No.3671 of 2022 will be complied with within four weeks from today subject t the final outcome of the LPA, which may be filed by the deponent department. It is submitted that the order shall be complied in its true letter and spirit."

Be that as it may, since it has been clearly undertaken before this Court that due benefit would be paid within a period of four weeks from today, we deem it proper to close the present proceedings.

With this observation, present MCA stands disposed of. Notice discharged.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J) SHEKHAR P. BARVE