Suresh Bhavanishanker Thaker vs Sandip Kumar Or His Successor In ...
2023 Latest Caselaw 312 Guj

    C/MCA/973/2022                                      ORDER DATED: 11/01/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/MISC. CIVIL APPLICATION NO.                 973 of 2022

                             In
        R/SPECIAL CIVIL APPLICATION NO. 6668 of 2021

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               SURESH BHAVANISHANKER THAKER
                          Versus
 SANDIP KUMAR OR HIS SUCCESSOR IN OFFICE THE DEVELOPMENT
                       COMMISSIONER
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Appearance:
MR. MUKESH T MISHRA(5900) for the Applicant(s) No. 1
MR HS MUNSHAW(495) for the Opponent(s) No. 2,3
NOTICE SERVED for the Opponent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                          Date : 11/01/2023

                                ORAL ORDER

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

Learned Single Judge by judgment and order dated 18.02.2022 allowing the Special Civil Application, directed the respondents to grant benefit to the petitioner-applicant of Resolution dated 17.10.1988 as per the 5th, 6th and 7th Pay Commission with other consequential benefits. It was also directed further that the respondents shall open General Provident Fund Account of the petitioner with retrospective effect treating the entire period of service from the initial date of appointment as continuous.

C/MCA/973/2022 ORDER DATED: 11/01/2023

2. It is the said directions, which are brought under the Contempt of Court jurisdiction alleging non-compliance thereof.

3. Notice was issued on 06.10.2022 by the Court, pursuant to which learned advocate Mr. Munshaw appeared for the authority to states before the Court today that the benefits flowing from the Resolution dated 17.10.1988 have been paid. Learned advocate Mr. Mukesh Mishra is not in a position to deny the said factum. However, learned advocate for the applicant stated that the payment of arrears for six months are yet to be paid and the directions regarding opening of General Provident Fund account remains to be complied with.

4. In response to the above, learned advocate for the respondent stated that the process for opening the General Provident Fund account is already made afoot and it will be done after completion of requisite formalities. As far as payment of six months arrears is concerned, it was stated before the Court that the same is under process and that part will be complied within six weeks. Learned advocate for the applicant is satisfied by the aforesaid statements which indicate that the factum that the process of compliance is underway.

5. In the aforesaid view, the proceedings are

C/MCA/973/2022 ORDER DATED: 11/01/2023

closed. Respondents shall abide by their statements. Notice is discharged.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) BIJOY B. PILLAI