PATEL VISHNUBHAI ISHWARLAL Vs. K M PUROHIT

JUDGEMENT

(1.) These two contempt petitions have been filed for punishing the respondents under the Contempt of Courts Act ,1971 for alleged willful disobedience of the judgment rendered in Special Civil Application No.33 of 2005 and cognate matters on 22/3/2013.

(2.) We have heard Shri Gautam Joshi, learned senior counsel appearing for the complainants and learned Assistant Government Pleader appearing for the sole respondent in Misc. Civil Application No.563 of 2018 and respondent Nos.1 to 3 in Misc. Civil Application No.1166 of 2018 and Mr. A.D. Oza, learned counsel appearing for respondent No.4 in Misc. Civil Application No.1166 of 2018.

(3.) The sum and substance of the contentions of learned counsel appearing for the complainants is: Order passed in Special Civil Application No.33 of 2005 has not been substantially complied and though an attempt has been made by the contemners to demonstrate or establish that there is compliance, yet, there is no substantial compliance and he would contend that provisional pension payment has been made and there is no fixation of first and second higher pay scale, which would have enabled the complainants to seek for payment of arrears upon such fixation. As such, he would contend that there is no compliance of the order passed by the learned Single Judge and as such, contemners are required to be proceeded and punished for willfully disobeying the direction issued by this Court.