Gujarat High Court
Parvatiben Khimjibhai Zapadia vs Manish Bansal, Secretary And/Or His ... on 30 January, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/MCA/1099/2024 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1099 of
2024
In R/SPECIAL CIVIL APPLICATION NO. 12880 of 2018
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PARVATIBEN KHIMJIBHAI ZAPADIA
Versus
MANISH BANSAL, SECRETARY AND/OR HIS SUCCESSOR IN HIS
OFFICE & ORS.
=============================================
Appearance:
MR NILESH M SHAH(780) for the Applicant(s) No. 1
MR HS MUNSHAW(495) for the Opponent(s) No. 2,3
MS VRUNDA SHAH, AGP for the Opponent(s) No. 1,4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 30/01/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking initiation of the
contempt proceedings pursuant to the directions issued by this
Court in the order dated 23.07.2019, wherein the Court has
passed the following order : -
"7. Resultantly, the petition is allowed. The
respondents are directed to grant benefits of
Resolution dated 17.10.1988 to the petitioner
with effect from 01.04.1989 upto 25.02.1999
notionally and actually from 26.02.1999 to
31.10.2010 paying the difference of salary as may
be arising.
7.1 The petitioner shall also be granted
retirement benefits including pension, gratuity
and leave encashment on the basis of his
continuous service.
7.2 The necessary benefits shall be paid within a
period of ten weeks from the date of receipt of
NEUTRAL CITATION
C/MCA/1099/2024 ORDER DATED: 30/01/2025
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this order.
8. If the said timelimit is not observed, the
payable amount shall carry interest at the rate
of 6% per annum from the date of filing of the
petition, that is from 21.08.2018 till actual
payment."
2. Today when the matter is called out, learned advocate
Mr.Devang Bhatt, appearing for learned advocate Mr.Munshaw,
on instructions, has supplied the order by which the benefit
arising from the aforesaid judgment and order is already paid.
The aforesaid order is ordered to be taken on record.
3. The last order is of dated 28.01.2025 and by the said
order, the present applicant is paid an amount of Rs.79,342/-.
4. Learned advocate Mr. Shah, has submitted that this would
be very meagre amount and she would be entitled to more
amount, as directed by the learned Single Judge in paragraph
No.8 of the order.
5. A bare perusal of the order reveals that the Court has not
fixed any amount for which the applicant would be entitled,
neither any interest amount is referred in the said order. The
respondents in their wisdom and as per their calculation has
extended the benefits of the order and also paid the interest,
which is being disputed by the learned advocate Mr.Shah, for
the applicant.
6. Under the circumstances, in case there is any dispute
and the amount is less paid as per the calculation of the
applicant employee, it will be open for the applicant to file
appropriate application claiming the same before the
appropriate authority.
NEUTRAL CITATION
C/MCA/1099/2024 ORDER DATED: 30/01/2025
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7. With these observations, the present application is
disposed of.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(GITA GOPI,J)
MAHESH/88
