Gujarat High Court
Kisanbhai Ramabhai Pawar vs Ashwini Kumar, State Of Gujarat, ... on 8 October, 2025
Author: A. S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/127/2025 ORDER DATED: 08/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 127 of 2025
In R/LETTERS PATENT APPEAL/147/2023
In R/SPECIAL CIVIL APPLICATION/13655/2017
With
R/MISC. CIVIL APPLICATION NO. 136 of 2025
In R/LETTERS PATENT APPEAL NO. 117 of 2023
With
R/MISC. CIVIL APPLICATION NO. 249 of 2025
In R/LETTERS PATENT APPEAL NO. 148 of 2023
With
R/MISC. CIVIL APPLICATION NO. 1702 of 2025
In R/LETTERS PATENT APPEAL NO. 418 of 2024
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KISANBHAI RAMABHAI PAWAR
Versus
ASHWINI KUMAR, STATE OF GUJARAT, SECRETARY, DEPARTMENT OF
SPORT, YOUTH AND CULTURE ACTIVITY & ORS.
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Appearance:
MR P C CHAUDHARI(5770) for the Applicant(s) No. 1
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 08/10/2025
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. When the matter is called out, learned AGP
has tendered the details of each of the
applicants mentioning payment of pension,
gratuity, leave encashment and arrears of
pension. Pension Payment Orders of the applicants
are also tendered. The same are ordered to be
taken on record.
2. In the present case, the applicants are
praying for initiation of the contempt
proceedings for wilful disobedience and violation
of the directions issued by this Court vide order
NEUTRAL CITATION
C/MCA/127/2025 ORDER DATED: 08/10/2025
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dated 06.11.2023 passed in the captioned appeals.
The same are as under:
"7. Therefore, these Letters Patent Appeals are
partly allowed by modifying and to that extent,
setting aside the judgment and order of learned
Single Judge,
(i) Those workmen who were in service shall be paid
the benefits under the Resolution dated 17.10.1988 on
the basis of the length of their services as provided
hereinabove. The arrears shall be paid in their cases
within 10 weeks from the date of receipt of this
order.
(ii) Letters Patent Appeal No. 117 of 2023, Letters
Patent Appeal No. 147 of 2023 and Letters Patent
Appeal No. 148 of 2023 are allowed in the above
terms.
(iii) In the cases where the workmen have retired
upon reaching the age of superannuation, the benefits
under Resolution dated 17.10.1988 shall accrue to be
available to them for the purpose of fixation of
their pension and paying retirement benefits.
(iv) In these cases also, necessary compliance and
payment of arrears shall be done within 10 weeks from
the date of receipt of the order."
3. We have noticed that during the pendency of
these applications, the respondents have complied
with the directions issued by this Court. On
06.10.2025, though the learned AGP had
specifically mentioned and it was also recorded
in the order that the applicants are already paid
the amount, learned advocate Mr.Chaudhari upon
instructions had submitted that none of the
applicants have received the amount. Such
assertion has been recorded by us in the order
dated 06.10.2025.
NEUTRAL CITATION
C/MCA/127/2025 ORDER DATED: 08/10/2025
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4. Today, looking to the details, which have
been provided by the learned AGP, it appears that
mis-statement has been made before us with regard
to non-payment of the amount.
5. Hence, we hereby close the present
proceedings. In case, any grievance survives, it
will be open for the applicants to file
appropriate application before the appropriate
authority.
Registry to place a copy of this order in the
connected matter(s).
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(L. S. PIRZADA, J)
NVMEWADA/S-6,7,9,27
