Gujarat High Court
Pravinbhai Panchabhai Bambhania vs State Of Gujarat Through ... on 27 June, 2023
Bench: A.S. Supehia
C/MCA/758/2023 ORDER DATED: 27/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 758 of 2023
In R/MISC. CIVIL APPLICATION NO. 239 of 2021
With
R/MISC. CIVIL APPLICATION NO. 713 of 2023
In
SPECIAL CIVIL APPLICATION NO. 4894 of 2019
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PRAVINBHAI PANCHABHAI BAMBHANIA
Versus
STATE OF GUJARAT THROUGH SECRETARY MUKESH KUMAR
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Appearance:in Misc. Civil Application No.758 of 2023
MRS KRISHNA G RAWAL(1315) for the Applicant(s) No. 1
MR TUSHAR L SHETH, for the Respondent No.4
MS VRUNDA SHAH, AGP for the Opponent(s) No. 1
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Appearance:in Misc. Civil Application No.713 of 2023
MRS KRISHNA G RAWAL(1315) for the Applicant(s) No. 1
MR TUSHAR L SHETH, for the Respondent No.2
MS VRUNDA SHAH, AGP for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 27/06/2023
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present applications have been filed seeking the following
prayers:-
Prayers made in Misc. Civil Application No.758 of 2023:-
"9A. To allow this application by holding the respondents responsible
for committing breach of the order dated 15.09.2022 of the LPA bench
as well as the statement dated 5.8.2021 made in MCA 239/2021 and
punish them under section 2(c) of the Contempt of Courts Act.
B. Further be pleased to direct the respondents to purge the contempt by
complying with the order of the learned contempt as well as LPA bench.
C. Be pleased to direct the respondents to pay the arrears of the benefits
granted by the learned single judge with penal interest.
D. Cost of this application may kindly be awarded.
Prayers made in Misc. Civil Application No.713 of 2023:-
C/MCA/758/2023 ORDER DATED: 27/06/2023
"8A. To allow this application by holding the respondents responsible
for committing breach of the order dated 15.09.2022 of the LPA bench
passed in LPA 775/2021 and punish them under section 2(c) of the
Contempt of the Courts Act, Annexure-B (Colly.)
B. Further be pleased to direct the respondents to purge the contempt by
complying with the order of the learned contempt as well as LPA bench.
C. Be pleased to direct the respondents to pay the arrears of the benefits
granted by the learned single judge with penal interest.
D. Cost of this application may kindly be awarded."
2. By the order dated 04.12.2020 passed by the learned Single Judge
in the captioned writ petitions the respondents were directed to grant
pension if they are eligible, within a period of three months. Thereafter,
subsequent directions are also issued by the Division Bench to the extent
that the benefits of 5th Pay Commission as well as pension in Misc. Civil
Application No.708 of 2019 and allied matters, which were disposed of
by the order dated 05.08.2021. The said Misc. Civil Applications were
filed for initiation of contempt proceedings by the petitioners. A perusal
of the order dated 05.08.2021 reveals that a statement was made by the
learned Government Pleader and the learned advocate appearing for the
Una Nagarpalika that the amount as per the 5 th Pay Commission shall be
paid to each of the applicants within a period of six weeks.
3. It appears that the order 22.02.2019 passed by the learned Single
Judge is assailed before the Division Bench by filing Letters Patent
Appeal No.1102 of 2021 and allied matters. By the order dated
15.09.2022 passed in Letters Patent Appeal No.1102 of 2021 and allied
matters and in civil application for stay, the following directions are
issued:-
"ORDER IN LETTERS PATENT APPEALS
C/MCA/758/2023 ORDER DATED: 27/06/2023
Having heard learned Senior Advocate Mr. Shalin Mehta assisted by
learned advocate Mr. Tushar L. Sheth appearing for the appellants,
learned AGP appearing for the respondent Nos.1 to 3 and learned
advocate Ms. Krishna G. Rawal appearing for the original
petitioner, Letters Patent Appeals are admitted.
Learned AGP waives service of notice of Admission on behalf of the
State Authorities and learned advocate Ms. Krishna Rawal waives
service of notice of Admission on behalf of theoriginal petitioners -
employee.
Let, the Letters Patent Appeals be fixed for hearing in the second
week of February, 2023.
ORDER IN CIVIL APPLICATIONS (FOR STAY)
Having examined the original record produced by the appellant -
Nagar Palika as well as State of Gujarat and having also perused
the details referred to in the Register which is maintained under the
head of Provident Fund as also considering the fact that some
amount is deposited at the instance of the Nagar Palika after the
year 2011 in the account of the respondent and considering the
judgment delivered by the Division Bench, which has been relied
upon by the learned Single Judge as well as two common orders,
both dated 05.08.2021 passed by the coordinate Bench in contempt
proceedings being Misc. Civil Application Nos.754/2019 and allied
applications and Misc. Civil Application Nos.708/2019 and allied
applications, in which a statement was made by the learned
Government Pleader in the matters pertaining to the employees of
the present case, we hereby direct the State Authorities to proceed
further to decide the pension of each of the employees - original
petitioners and if any pension thereupon is paid, same would be
subject to final outcome of the Letters Patent Appeals. With above
directions, all the Civil Applications (For Stay) are disposed of."
4. Thus, the Division Bench has ultimately directed the State
Authority to proceed further to decide the pension of each of the
employees-original petitioners and "if any pension thereupon is paid",
same would be subject to final outcome of the Letters Patent Appeals.
5. It appears that, thereafter, the applicants filed note for speaking to
minutes of order dated 15.09.2022 in Letters Patent Appeal Nos.1102 of
2021 and allied matters, which was also rejected by the order dated
C/MCA/758/2023 ORDER DATED: 27/06/2023
17.10.2022.
6. Learned advocate Mr.Tushar Sheth appearing for the Una
Nagarpalika as well as the learned AGP Ms.Vrunda Shah have submitted
that in fact the pension of the applicants is already fixed as per the order
dated 15.03.2022. Since there is no direction issued to pay the pension
and the direction pertaining to decide only pension, it is submitted by the
learned advocates appearing for the respective respondents that as per
their understanding, the employees are paid the amount towards gratuity
and leave encashment also.
6.1. Learned AGP has further submitted that the order dated 15.03.2022
is passed by the State Authority, which also takes care about the payment
of the benefits of 5th Pay Commission as well as 6th Pay Commission. The
order dated 15.03.2022 is ordered to be taken on record.
7. Under the circumstances, it cannot be said that there is willful and
deliberate disobedience in complying the directions issued by the Court,
the present applications are not entertained at this stage and the same are
rejected.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(M. R. MENGDEY,J)
ABHISHEK/22,23
