Hareshkumar Becharbhai Chaudhary vs Pankaj Joshi, Secretary
2025 Latest Caselaw 5423 Guj

Gujarat High Court

Hareshkumar Becharbhai Chaudhary vs Pankaj Joshi, Secretary on 2 April, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                          NEUTRAL CITATION




                             C/MCA/151/2025                               ORDER DATED: 02/04/2025

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                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO.
                                            151 of 2025
                                                In
                          R/SPECIAL CIVIL APPLICATION NO. 11154 of 2019

                      ======================================
                           HARESHKUMAR BECHARBHAI CHAUDHARY
                                           Versus
                              PANKAJ JOSHI, SECRETARY & ORS.
                      ======================================
                      Appearance:
                      MR GAURAV K MEHTA(5227) for the Applicant(s) No. 1
                      IG JOSHI(8726) for the Opponent(s) No. 3
                      NOTICE SERVED for the Opponent(s) No. 1,2
                      MS. SHRUTI DHRUVE, AGP for the Opponent - State
                      ======================================

                      CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA
                             and
                             HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 02/04/2025

                                                       ORAL ORDER

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

Ms. Dhruve, learned AGP has tendered the approval order dated 1st April, 2025 directing the reinstatement of the present applicant subject to result of SLP no.12933 of 2021, the same is ordered to be taken on record. The order has been passed pursuant to our directions issued vide order dated 28th March, 2025.

Heard Mr. Mehta, learned advocate for the applicant. He has submitted that the applicant who was supposed to be reinstated within the period of four weeks, has been

NEUTRAL CITATION

C/MCA/151/2025 ORDER DATED: 02/04/2025

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reinstated by the order dated 24 th February, 2025 and hence he would be entitled for the back-wages after completion of period of four weeks as directed by this Court in the order dated 31st July, 2019, till he is actually reinstated by the order dated 24th February, 2025.

It is noticed by us that the learned Single Judge in the judgment and order dated 31st July, 2019 has directed the respondents to reinstate the present applicant with continuity of service, but without payment of back-wages. However, the applicant is claiming the subsequent back-wages after the completion of limitation period of four weeks as directed by the learned Single Judge within which the respondents were supposed to comply with the order. In the present proceedings, we cannot substitute the directions or issue further directions with regard to the back-wages, which the present applicant is claiming for the aforesaid period.

Hence, the present contempt application stands disposed of as we do not find that there is any further willful defiance of the directions issued by this Court. The respondents have already complied with the same. However, we clarify that it will be open for the applicant to claim back- wages for the aforesaid period by filing appropriate application before appropriate authority.

(A. S. SUPEHIA, J.)

(NISHA M. THAKORE, J.) AMAR RATHOD.../72