Vaghela vs State on 28 March, 2011

Gujarat High Court
Vaghela vs State on 28 March, 2011
Author: Abhilasha Kumari,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CA/1229/2011	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR DIRECTION No. 1229 of 2011
 

In


 

SPECIAL
CIVIL APPLICATION No. 2096 of 2010
 

 
=========================================================

 

VAGHELA
RAMESH MAVJIBHAI & 5 - Petitioner(s)
 

Versus
 

STATE
OF GUJARAT & 10 - Respondent(s)
 

=========================================================
 
Appearance
: 
MS.
KRUTI M SHAH for Petitioner(s) : 1 - 6. 
MR NIRAG PATHAK,
ASST.GOVERNMENT PLEADER for Respondent(s) : 1-2, 
NOTICE SERVED for
Respondent(s) : 10 - 11. 
UNSERVED-REFUSED (N) for Respondent(s) :
3, 
MR MK VAKHARIA for Respondent(s) : 4, 
NOTICE SERVED BY DS
for Respondent(s) : 5 -
11. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HON'BLE
			SMT. JUSTICE ABHILASHA KUMARI
		
	

 

 
 


 

Date
: 28/03/2011  
ORAL ORDER

1. This
application has been filed with a prayer to issue appropriate
direction to respondents Nos.2 and 3 to immediately release and
disburse the amount of salary of the applicants from February, 2009
along with interest at the rate of 18% per annum.

2. Mr.N.V.Solanki,
learned advocate states that he has received instructions to appear
on behalf of respondent No.3 and has already filed his Vakalatnama in
the Registry.

3. Ms.Kruti
M. Shah, learned advocate for the applicants has submitted that by
order dated 27.10.2010 passed in Special Civil Application
No.365/2010 and cognate matters, including Special Civil Application
No.2096/2010 filed by the petitioners, directions have been issued to
the respondents to disburse the amount of salary as early as
possible, but not later than 5.11.2010. It is submitted that the
amount of salary, has been released by the Central Government and
forwarded to the State Government. Respondent No.2 has forwarded the
amount to respondent No.3 for disbursal. However, respondent No.3 is
not disbursing the said salary to the applicants in spite of the
clear directions contained in the order of this Court.

4. Mr.Nirag
Pathak, learned Assistant Government Pleader for respondents Nos.1
and 2 submits that as the amount towards salary has been disbursed by
respondent No.2 to respondent No.3, it is for respondent No.3 to do
the needful.

5. Mr.M.K.Vakharia,
learned Senior Central Government Standing Counsel for respondents
Nos.4 and 5 submits that pursuant to order dated 27.10.2010 of this
Court, the Central Government has disbursed the amount to be paid as
salary to the State Government.

6. Mr.N.V.Solanki,
learned advocate for respondent No.3, states that he has still to
receive full instructions, but also states that respondent No.3 is
always ready and willing to obey the orders of the Court.

7. Having
heard the learned counsel for the respective parties, and in view of
the clear directions contained in order dated 27.10.2010 for payment
of salary; and as the amount of salary has already been disbursed by
the Central Government to the State Government and from the State
Government to respondent No.3, no further order is required to be
passed save and except, to direct respondent No.3 to disburse the
amount of salary of the applicants to the applicants, forthwith. It
is so directed. The salary be disbursed, not later than 31.3.2011.

The
application is disposed of, in the above terms.

Direct
Service of this order is permitted.

(Smt.

Abhilasha Kumari, J.)

~gaurav~

   

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