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MCA/195/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 195 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3750 of 2009
=========================================================
MUKESH
MANUBHAI RAO - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Opponent(s)
=========================================================
Appearance :
MR
BS BRAHMBHATT for
Applicant(s) : 1,
Mr P K Jani, GOVERNMENT PLEADER for Opponent(s)
: 1 - 3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
basis of the present petition is non-implementation of the order
dated 11.5.2009 passed by this court in Special Civil Application
No.3746 of 2009 and allied matters.
2. This
court, after hearing both the sides, had passed order on 19.7.2010
as under:
“Leave
to correct the cause title of respondent Nos. 2 and 3.
It
is undisputed position that the Division Bench of this Court vide
order dated 09.07.2010 in LPA No. 646/10 with CA No.3411/10 has
granted stay qua the appointment made after 1989 and therefore, the
case of the petitioner would not stand covered since the appointment
as per the petitioner is prior to 1989.
At
this stage, Mr.Pandya, learned AGP states that the order of the
learned Single Judge dated 11.05.2009 qua the petitioner shall be
complied with including that of making calculation and disbursement
of the amount within a period of 2 months from the today with
interest at the rate of 8% p.a. from the date on which the
petitioner was entitled as per the order of the learned Single Judge
till payment is made. He further states under the instruction of
Shri Sunil Soni, Under Secretary, Health Department that if this
Court finds it proper, interest may be recovered from the salary of
the erring officer.
Keeping
aside the aspects of ordering recovery from the salary of the erring
officer for the present, it is directed that the monetary benefits
of the pay-scale as ordered by the learned Single Judge vide order
dated 11.05.2009 shall be paid to the petitioner within a period of
2 months as declared before this Court, failing which, the
respondent No.3 shall remain personally present. S.O. to
20.09.2010.”
Thereafter,
time was also taken and ultimately, on 18.10.2010, following order
was passed:
“It
appears that in spite of the earlier direction issued by this court
vide order dated 19.7.2010, the payment has not been made.
Mr Mahesh
Soni, Deputy Secretary and In-charge Joint Secretary, Health and
Family Welfare Department states that the proposal is yet to be
forwarded.
We find that
such non-compliance would also further aggravate the contempt. It may
be recorded that earlier direction is also issued to the Secretary,
Finance Department. Therefore, it will be the duty of both the
respondent Nos. 1 and 2 to comply with the order.
S.O.
to 21st October,
2010. Secretary, Health & Family Welfare Department is directed
to remain personally present on that day as to why action should not
be taken. Mr Soni, Deputy Secretary shall communicate this order.”
3. Today,
pursuant to the earlier order passed by this court, Mr Rajesh
Kishor, Principal Secretary, Health & Family Welfare Department,
Government of Gujarat is present and affidavit-in-reply has been
filed whereby apart from tendering unconditional apology, it has been
inter alia stated
that vide Government Resolution dated 20th
October, 2010, the amount is sanctioned and copy of the said
Resolution
is produced on record.
4. Mr P K Jani,
learned Government Pleader submits that, upon undergoing certain
formalities by the petitioner and other similarly situated persons of
furnishing details, the amount shall be disbursed. Mr B.S.
Brahmbhatt, learned Advocate for the petitioner states that all the
respective petitioners shall submit the details within two weeks.
5. In above view
of the matter, the petitioner shall furnish the details within two
weeks from today and the said details shall be verified and upon such
details were found genuine, the amount shall be disbursed. The
process of the verification and the disbursement shall be completed
within four weeks from the date of submission of the details.
6. In
view of the above, the present proceedings would no more survive.
Misc. Civil Application is disposed of accordingly with liberty to
the petitioner, in the event of any of the directions is not
complied with. Notice is discharged.
[JAYANT
PATEL, J.]
[H
B ANTANI, J.]
msp
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