Vaghamshi Sanjaybhai Bhikhubhai vs State Of Gujarat
2023 Latest Caselaw 4653 Guj

       C/MCA/906/2023                                   ORDER DATED: 19/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 906 of 2023

             In R/SPECIAL CIVIL APPLICATION NO. 17196 of 2022

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                        VAGHAMSHI SANJAYBHAI BHIKHUBHAI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR. DAIVAT BHATT, ADVOCATE for MR GAURAV CHUDASAMA(5660) for
the Applicant(s) No. 1,10,11,12,13,2,3,4,5,6,7,8,9
MR. ROHAN RAVAL, AGP for the Opponent(s) No. 1,2,3
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
           and
           HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 19/06/2023

                        ORAL ORDER

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

1. When the matter was taken up for hearing, at the outset, learned AGP has forwarded a communication dated 21.2.2023. The same is ordered to be taken on record.

2. It is submitted that the directions issued by this Court are complied with and the Applicants are placed in the regular pay scale of Rs. 5200-20200. It is however submitted that the arrears are not paid to the Applicants.

3. In the present contempt application, the Applicants have sought for implementation of the directions issued by this Court in paragraph 4 of the judgment and order dated 10.10.2022 passed in the captioned Writ Petition. The same is recorded as under:

C/MCA/906/2023 ORDER DATED: 19/06/2023

"In view of the aforesaid decision, these writ petitions are allowed in terms of the direction issued by the Division Bench and the respondents are directed to extend the benefit and absorb the petitioner in regular pay-scale Rs.5,200-20,200/- from the date of vacancy of the posts as per the provisions of Resolutions of 11.06.1998 and 15.04.2010. So far as the aspect of delay is concerned, the contention is rejected as non confirming or absorption of the petitioner in the regular pay-scale would be continuous cause of action and hence, the writ petition cannot be said to be barred by any delay."

4. A bare perusal of the aforesaid direction would reveal that the Court has not given any directions with regard to the payment of arrears. Thus, there cannot be said to have been any willful or deliberate disobedience of the directions issued by this Court. The Application is rejected. However, it is clarified that, if the Applicants are aggrieved of the order dated 21.2.2023, it will be open for them to file appropriate proceedings before the appropriate forum.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) J.N.W / 49