Girdharbhai Ranchhodbhai Makwana vs S. B. Vasava, Secretary
2024 Latest Caselaw 532 Guj

Gujarat High Court

Girdharbhai Ranchhodbhai Makwana vs S. B. Vasava, Secretary on 19 January, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                       NEUTRAL CITATION




       C/MCA/56/2024                                 ORDER DATED: 19/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 56 of 2024

                In R/MISC. CIVIL APPLICATION NO. 530 of 2023

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                  GIRDHARBHAI RANCHHODBHAI MAKWANA
                                  Versus
                        S. B. VASAVA, SECRETARY
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Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 19/01/2024

                        ORAL ORDER

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

1. The present application is filed for the following prayers:-

"(A) This Hon'ble Court may be pleased to revive the main contempt proceedings being Misc.

Civil Application No.530 of 2023 and further the opponents may be directed to comply with the order passed by this Hon'ble Court in Special Civil Application No.10285 of 2010 in true letter and spirit;

(B) This Hon'ble Court may be pleased to direct

NEUTRAL CITATION

C/MCA/56/2024 ORDER DATED: 19/01/2024

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the opponents to extend same benefits in case of the present applicant which are extended to the co-employees similarly situated who were concerned in the common order dated 30.10.2018 passed by this Hon'ble Court as also in Misc. Civil Application No.56 of 2021;

(C) Grant such other and further reliefs, as are deemed fit and proper by this Hon'ble Court in the interest of justice."

2. The Misc. Civil Application No.530 of 2023 in Special Civil Application No.10285 of 2010 are disposed of vide order dated 28.06.2023 by observing thus:-

"Learned AGP at the outset, has submitted that the order is already complied with and the respondent authority has passed the order dated 14.06.2023 giving benefit arising out of the judgment dated 20.09.2018 passed in the Special Civil Application No.3320 of 2010 to the applicant. Such order is ordered to be taken on record.

If the petitioner has any other grievance, it will be open for him to file appropriate proceedings before the appropriate forum.

NEUTRAL CITATION

C/MCA/56/2024 ORDER DATED: 19/01/2024

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The present contempt proceedings are closed."

3. Thus, learned advocate Mr. Dave appearing for the applicant at this stage submits that liberty may be reserved in favour of the applicant to file fresh contempt proceeding.

4. In the order dated 28.06.2023, we have already observed that if the petitioner has any other grievance, it would be open for him to file appropriate proceedings before the appropriate forum.

5. Under these circumstances, in light of the aforesaid submission as well as order, it will be open for the present applicant to file appropriate proceeding including contempt proceeding.

6. In view of above, the present application stands disposed of as not pressed.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) NABILA