Gujarat High Court
Nikunjbhai Hasmukhray Thakkar vs S. Murli Krishna, Principal Secretary ... on 13 June, 2024
Author: A.Y. Kogje
Bench: A.Y. Kogje, Samir J. Dave
NEUTRAL CITATION
C/MCA/2299/2023 ORDER DATED: 13/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 2299 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 10308 of 2023
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NIKUNJBHAI HASMUKHRAY THAKKAR
Versus
S. MURLI KRISHNA, PRINCIPAL SECRETARY ,STATE OF GUJARAT &
ORS.
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR ROHAN SHAH, AGP for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 13/06/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed for the following reliefs claiming
compliance of the directions contained in Para No.7 of the
order dated 20.07.2023 in Special Civil Application
No.9930 of 2023 and other allied matters:
"The Hon'ble Court may be pleased to:-
(A) Initiate the proceedings against the respondents
herein, under the Contempt of Courts Act, 1971, for
willful disobedience of the directions given by this
Hon'ble Court vide judgment and order dated
20.07.2023 passed in Special Civil Application
No.10308 of 2023, Annexure-A to this petition, and,
NEUTRAL CITATION
C/MCA/2299/2023 ORDER DATED: 13/06/2024
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(B) Further be pleased to direct the respondents to
comply with the directions issued by this Hon'ble
Court vide judgment and order dated 20.07.2023
passed in SCA No.10308 of 2023, Annexure-A to this
petition and to grant one increment to the petitioner
and revise the pension and other retirement benefits
of the petitioner and make payment of arrears, and
(C) Pending admission and final disposal of this
application, the Hon'ble Court may be pleased to
direct the respondents to comply with the directions
given by this Hon'ble Court vide judgment and order
dated 20.07.2023 passed in SCA No.10308 of 2023,
Annexure-A to this petition, and
(D) Award the cost of this petition, and
(E) xxx.. xxx... xxx"
2. When the matter is taken up, learned AGP has placed on
record an order dated 04.03.2024, which indicates that
the petitioner's claim for grant of increment has been
accepted and the amount due and payable in this regard
has already been ordered to be paid. The grievance of the
petitioner with regards to the leave encashment, learned
AGP has drawn attention of this Court to communication
dated 15.03.2024, which is calculating the leave
encashment as per the 7th Pay Commission, for an amount
of difference of Rs.24,120/-, which according to the
learned AGP, under the instructions of Mr. V. U. Vasava,
Assistant Commissioner, Tribal, Gandhiangar, will be paid
NEUTRAL CITATION
C/MCA/2299/2023 ORDER DATED: 13/06/2024
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in due course.
3. In view of the aforesaid, no cause of action now survives.
Hence, present application stands disposed of with a
liberty to revive in case of difficulty. Notice is discharged.
(A.Y. KOGJE, J)
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
