Bhartiben Pradhuman Dave vs Mukesh Kumar, Principal ...
2023 Latest Caselaw 4412 Guj

       C/MCA/555/2023                                      ORDER DATED: 13/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 555 of 2023

             In R/SPECIAL CIVIL APPLICATION NO. 18681 of 2021
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                    BHARTIBEN PRADHUMAN DAVE
                              Versus
            MUKESH KUMAR, PRINCIPAL SECRETARY & 2 other(s)
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Appearance:
SHIVANG P JANI(8285) for the Applicant(s) No. 1
MR AR THACKER(888) for the Opponent(s) No. 3
MR AAKASH GUPTA, AGP for the Opponent(s) No. 1,2
SHIVANG A THACKER(7424) for the Opponent(s) No. 3
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
           and
           HONOURABLE MR. JUSTICE M. R. MENGDEY
                      Date : 13/06/2023
                       ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Pursuant to the order dated 04.05.2023, learned advocate Mr.Thacker has submitted that as per the understanding and calculation, a cheque amounting to Rs.14,67,977/- was tendered to the applicant, however, she refused to accept the same.

2. Learned advocate Mr.Jani has submitted that there appears to be some error in the calculation and the applicant is entitled to the more.

3. In the present application, the applicant is seeking for the compliance of the directions issued by this Court vide judgment dated 28.02.2022 passed in the captioned writ petition, more particularly paragraph no.4, which reads as under:-

"In view of the above decision, the present petition is allowed. The State authorities are directed to grant the benefit of the pension scheme to the petitioner in view of the Government Resolution dated

C/MCA/555/2023 ORDER DATED: 13/06/2023

15.10.1984 from the date of her retirement. The petitioner if has not refunded/repaid the amount of Contributory Provident Fund, then her case be considered by the authorities by paying the amount of pension after adjusting/setting off the amount of Contributory Provident Fund payable by the petitioner. In case if the petitioner has refunded/repaid the amount of Contributory Provident Fund, she shall be entitled for interest at the rate of 9% per annum on the amount of pension from the date of their repaying/refunding the amount of Contributory Provident Fund. The respective parties shall act upon these directions and implement the same within a period of 16 weeks from the date of receipt of the writ of the order of this Court. Rule is made absolute to the aforesaid extent."

4. A bare perusal of the aforesaid direction would reveal that the Court has not mentioned any particular amount, which should be paid. The only direction, which is issued with regard to payment of the benefits as mentioned therein. The respondent has already conveyed the applicant to collect the cheque of the aforesaid amount, however, she has refused to do so. Hence, the present application seeking initiation of contempt proceedings cannot be entertained as there cannot be a willful and deliberate disobedience.

5. If the applicant is desirous of accepting the said amount, she may do so and any grievance with regard to calculation of the payment of the amount remains, it is always open to the applicant to file appropriate proceedings before the appropriate forum.

6. With this observation, the present application stands rejected.

Sd/-

(A. S. SUPEHIA, J)

Sd/-

(M. R. MENGDEY,J) ABHISHEK/4