Kanaiyalal Nandlal Mehta vs Bhavnaben Shamjibhai Barad
2023 Latest Caselaw 3573 Guj

     C/MCA/371/2023                              ORDER DATED: 28/04/2023




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/MISC. CIVIL APPLICATION NO. 371 of 2023
       In R/SPECIAL CIVIL APPLICATION NO. 14518 of 2021
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                       KANAIYALAL NANDLAL MEHTA
                                 Versus
                      BHAVNABEN SHAMJIBHAI BARAD
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Appearance:
MR MUKESH H RATHOD(2432) for the Applicant(s) No. 1
MR HS MUNSHAW(495) for the Opponent(s) No. 3
NOTICE SERVED for the Opponent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI
                  Date : 28/04/2023
                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

1. By way of this contempt petition, it has been alleged that

there is a willful defiance of the order dated 26.09.2022 passed

in Special Civil Application No. 14518 of 2021, wherein the

following direction were issued;-

" 9. Accordingly, the petition is allowed. The respondents are directed to grant the benefits flowing from the GR dated 17.10.1988 i.e. pay scales, dearness allowance, GPF, gratuity and all such benefits as per GR dated 17.10.1988 on same terms as is granted to one Dashratsinh Vakhatsinh Jadeja vide order dated 29.9.2020. The benefits shall be granted within ten weeks from the date of receipt of copy of this judgment."

C/MCA/371/2023 ORDER DATED: 28/04/2023

2. Pursuant to the notice having been issued by this Court

vide order dated 17.03.2023, when the matter is taken up for

hearing, Mr. Munshaw, learned advocate has tendered an

affidavit in reply on behalf of opponent No.3-Executive Engineer

Public Health and Mechanical Division, Gujarat Water Supply &

Sewerage Board, affirmed on 27.04.2023, in which, it has been

categorically undertaken that the entire exercise of payment

would be completed latest by 25.05.2023. Following is the

paragraph incorporated in the said affidavit.

"3. The deponent most respectfully submits that the deponent is required to grant benefits of revision of pay scales as per the recommendations of 5 th, 6th and 7th pay commissions. It is submitted that pays scales are to be revised step by step and stickers are to be obtained on sanction of each of the pay scales. It is submitted that Zonal Office is required to be consulted for such exercise and stickers are available only online from the Zonal Officer at Rajkot. It is further submitted that this exercise is not to be carried manually. Hence, the Hon'ble Court is most Respectfully prayed to grant time upto 25.05.2023. The deponent assures and undertakes that the entire exercise would be completed and payment would be made latest by 25.05.2023 and the orders of the Hon'ble Court would be complied with in true letter and spirit."

C/MCA/371/2023 ORDER DATED: 28/04/2023

3. In view of aforesaid specific undertaking in writing, we

deem it proper to close contempt proceedings. Since it has been

assured specifically that actual payment would be made to the

petitioner on or before 25.05.2023. Accordingly, we drop the

contempt proceeding. However, liberty to revive is reserved in

favour of the petitioner, in case of any difficulties. Notice stands

discharged.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J) VISHAL MISHRA