State Of Gujarat vs Kantaben Ishwarbhai Gohil
2023 Latest Caselaw 6607 Guj

                                                                                    NEUTRAL CITATION




       C/LPA/1188/2023                              ORDER DATED: 08/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 1188 of 2023
             In R/SPECIAL CIVIL APPLICATION NO. 13042 of 2021
                                   With
                CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
               In R/LETTERS PATENT APPEAL NO. 1188 of 2023
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                             STATE OF GUJARAT
                                   Versus
                         KANTABEN ISHWARBHAI GOHIL
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Appearance:
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Appellant(s) No. 1,2
MR DHRUV R THAKKAR(11280) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE DEVAN M. DESAI

                              Date : 08/09/2023

                        ORAL ORDER

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

This Letters Patent Appeal preferred by the State was directed against judgment and order dated 3.10.2022, whereby Special Civil Application came to be allowed and the respondent-original petitioner was directed to be considered for grant of second higher pay scale. The appeal was filed with delay of 128 days, which was condoned.

2. It was given out that in the meantime, the original petitioner filed contempt proceedings. In the said proceedings, the contempt Court noted in order dated 10.8.2023 that the case of the petitioner, as per the direction of learned single Judge, was considered for second higher pay

NEUTRAL CITATION

C/LPA/1188/2023 ORDER DATED: 08/09/2023

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scale and that decision was against the petitioner declining him the benefit of second higher pay scale as per the order dated 9.8.2022.

3. The order passed on 10.8.2023 by the contempt Bench is reproduced,

"Learned AGP has tendered the order dated 09.08.2023 granting the benefit of 2nd higher pay-scale to the applicant of Misc.Civil Application No.615 of 2023, whereas it is submitted that applicants in Misc.Civil Application No.616/23 to 621/23, their case is not found favourable by the respondent authorities and hence, their cases are rejected. The order dated 09.08.2023 is ordered to be taken on record. In those cases where the applicants are refused the benefit of 2nd higher pay-scale, it will be open for them to challenge such action or order by filing appropriate proceedings before the appropriate forum.

The contempt proceedings stand closed."

4. It was stated by learned advocates for the parties that not only the above developments have taken place, but the petitioner has already filed petition challenging the aforesaid order dated 9.8.2023.

5. In the above view, the present Letters Patent Appeal does not survive for any adjudication. Accordingly, it is disposed of.

Civil Application will not survive as the appeal is disposed of as above.

(N.V.ANJARIA, J)

(D. M. DESAI,J) C.M. JOSHI