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MCA/256020/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION-FOR CONTEMPT No.2560 of 2010
In
SPECIAL
CIVIL APPLICATION No.4381 of 2010
=====================================================
KESHUBHAI
B RAVAL & 10 - Applicant(s)
Versus
STATE
OF GUJARAT -
THRU.
RAJIVKUMAR GUPTA-THE SECRETARY & 2-Opponent(s)
=====================================================
Appearance
:
MR TH SOMPURA for Applicant(s) : 1
- 11.
MS MOXA THAKKAR, AGP for Opponent(s) : 1 -
3.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 28/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present petition is the non-compliance of the order
dated 11.05.2010 passed by the learned Single Judge of this Court in
Special Civil Application No.4381 of 2010. It appears that pursuant
to the notice issued by this Court, the Letters Patent Appeal, which
was pending at the relevant point of time is further moved and the
interim stay has been granted to a particular extent. Having heard
the same this Court on 24.02.2011 had passed the following order:
“1. Mr.Sompura,
learned Counsel for the applicants, states that the order of the
learned Single Judge was stayed in LPA No.2978 of 2010 and as per the
order passed by the LPA Bench dated 24.1.2011 in CA No.15789 of 2010,
the ad-interim relief has been granted to pay a particular pay-scale
with effect from 29.3.2007, including the revision of the pay-scale
for the said cadre, if any, and the said part of the order is also
not complied with. The aforesaid order of the LPA Bench is taken on
record.
2. Ms.Thakkar, learned AGP seeks
time to meet with the said aspects. S.O. to 3.3.2011.”
Thereafter
on 03.03.2011 following order has been passed by this Court:
“Pursuant to the earlier
order passed by this Court, Ms. Thakkar, learned AGP under the
instructions of Mr.S.D. Ninama, Administrative Officer working in the
office of the Director of Animal Husbandry places on record the order
dated 01.03.2011 passed by the Director of Animal Husbandry, whereby
the pay-scale together with the arrears is ordered to be paid with
effect from 29.03.2007 and she stated that one month time would be
required for actual disbursement thereof.
Hence,
S.O. to 05.04.2011.”
It
further appears that as per the order dated 01.03.2011 passed by the
Joint Director, copy whereof is produced in the present proceedings,
the arrears was to be paid w.e.f. 29.03.2007. Learned A.G.P.
has placed a further statement showing that all the arrears, as per
the said order dated 01.03.2011, has been actually paid to the
workers concerned. Under the above circumstances, as such, the
position was prevailing now by virtue of the order passed by the
Division Bench below Civil Application No.15789
of 2010 in Letters Patent Appeal No.2978 of 2010 stands complied
with and the present proceedings are not required to be continued
further.
Mr.Sompura,
learned counsel appearing for the petitioners, however, contended
that the LPA has been finally heard by the Division Bench and the
judgment is awaited. He also submitted that if the LPA is dismissed,
the whole order of the learned Single Judge will have to be complied
with and, therefore, he prayed that the present proceedings may be
kept pending.
We
are afraid such contention can be accepted at this stage when the
interim order passed in the appeal is prevailing. In the event the
LPA is dismissed and the order of the learned Single Judge is
confirmed, it will be for the applicants to pray for the
implementation of the remaining portion of the order of the learned
Single Judge and if not complied with, the appropriate proceedings
may be initiated for such purpose.
Hence,
subject to the aforesaid observations, the present petition is
disposed of.
Sd/-
Sd/-
[JAYANT
PATEL,J] [ R.M.CHHAYA, J]
Bhavesh*
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