Mohanbhai Dhanjibhai Parmar vs Arunkumar Solanki, Secretary, ...
2023 Latest Caselaw 1376 Guj

      C/MCA/1364/2022                           ORDER DATED: 08/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 1364 of 2022
            In R/SPECIAL CIVIL APPLICATION NO. 22806 of 2019
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                 MOHANBHAI DHANJIBHAI PARMAR
                             Versus
     ARUNKUMAR SOLANKI, SECRETARY, FOREST AND ENVIRONMENT
                          DEPARTMENT
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Appearance:
MR SAMIR B GOHIL(5718) for the Applicant(s) No. 1
MS SHRUTI DHRUV, AGP for the opponents
NOTICE SERVED BY DS for the Opponent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                           Date : 08/02/2023
                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

While allowing Special Civil Application No.22806 of 2019 as per judgment dated 20.7.2022, learned Single Judge directed the respondents to grant the second higher grade pay scale to the petitioner and consequently, revised terminal benefits together with arrears were to be paid within twelve weeks from the date of receipt of the judgment.

2. Thus, the compliance were to be effected in three respects. Firstly, the petitioner was to be granted second higher grade pay scale. Secondly, the revised retirement benefits were to be fixed pursuant to the grant of second higher grade. Thirdly, the respondents would be required to pay the arrears which may arise by virtue of such grant.

3. Today when the present contempt proceedings came up for consideration, learned Assistant Government Pleader Ms.Shruti

C/MCA/1364/2022 ORDER DATED: 08/02/2023

Dhruv produced a copy of communication dated 7.2.2023 addressed by the Forest and Environment Department to the Chief Forest Conservator, Gandhinagar which, inter alia, mentioned that the second higher grade pay scale is sanctioned for the applicant and the finance department has also given approval to make the payment accordingly. The order therefore, is complied with to that extent.

4. It was next stated by learned Assistant Government Pleader that the effect of the higher pay scale would be given in the salary of the petitioner from February, 2023 and the pension will be accordingly revised to be paid from March, 2023. She further stated that arrears arising to be paid by virtue of above grant of higher grade pay scale shall be paid within four weeks from today. She stated that pension order is already passed and the copy is available with her. Lastly, she stated that the arrears will be paid within four weeks from today.

4.1 The above statements and the schedule of compliance satisfies the applicant appearing through his learned advocate Mr.Samir Gohil.

5. In view of above developments and statements, present proceedings are closed. Notice is discharged.

Non-compliance of the directions and time limit for compliance may expose the authority to the contempt jurisdiction of the Court.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) V.J. SATWARA