Satishchandra Balshankar Vora vs M Nagarajan Commissioner Of ...
2023 Latest Caselaw 2173 Guj

    C/MCA/1298/2022                                ORDER DATED: 09/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 1298 of 2022

            In R/LETTERS PATENT APPEAL NO. 2263 of 2017

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              SATISHCHANDRA BALSHANKAR VORA
                          Versus
       M NAGARAJAN COMMISSIONER OF HIGHER EDUCATION
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Appearance:
FALGUNI D UPADHYAYA(2280) for the Applicant(s) No. 1
NOTICE SERVED for the Opponent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                            Date : 09/03/2023

                          ORAL ORDER

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

The directions of learned Single Judge in Special Civil Application came to be confirmed by judgment of the Letters Patent Bench dated 2.5.2019, as reflected in Para.15 in Letters Patent Appeal No.2263 of 2017,

"15. For the aforesaid reasons, the judgments rendered by the learned Single Judges in the respective Letters Patent Appeals are confirmed. The State authorities are directed to grant the benefit of the pension scheme to all the respondents in view of the Government Resolution dated 15.10.1984 from the date of their respective retirement. The respondents who have not refunded/repaid the amount of Contributory Provident Fund, their 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 respondents. In case of the respondents who have refunded/repaid the amount of Contributory Provident Fund, they 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.

C/MCA/1298/2022 ORDER DATED: 09/03/2023

The respective parties shall act upon these directions and implement the same within 8 weeks from the date of receipt of the writ of the order of this Court. ..."

2. Aforesaid directions are subject matter of grievance for their non-compliance.

3. On 12.1.2023, order was passed by the Court, wherein the statement of learned Assistant Government Pleader was recorded that though the said judgment in Letters Patent Appeal has been confirmed by the Supreme Court, the State has preferred review application.

3.1 Today, learned Assistant Government Pleader Ms.Shruti Dhruve stated that the review application filed before the Supreme Court has been dismissed and the respondent - authorities are in the process of compliance of the directions. She further stated that the proposal is already prepared and the stage of its consideration is before the pension department.

3.2 The authorities will be satisfying all the queries as may be raised by the pension department within fifteen days, learned Assistant Government Pleader stated. It was further stated that payment of pension shall be made within six weeks from today.

3.3 The aforesaid statement made by learned Assistant Government Pleader under the instructions of Shri Rajnikant R. Patel, Deputy Director, Higher Education, satisfies the applicant.

C/MCA/1298/2022 ORDER DATED: 09/03/2023

4. However, it is observed that non-compliance of the above time limit by the authorities shall expose them to the contempt jurisdiction.

5. In the aforesaid view, as the process of compliance is afoot and the directions would be complied with within six weeks as provided above, the present contempt proceedings are closed. Notice is discharged.

(N.V.ANJARIA, J)

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