BHAILALBHAI RANCHHODBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This contempt proceedings have been initiated alleging there has been willful disobedience of the order dtd. 20/2/2019 passed in Letters Patent Appeal 809 of 2016. Though on the short ground that there is no such direction or writ issued in Letters Patent Appeal 809 of 2016 on 20/2/2019, the present contempt proceedings can be dismissed. However, we do not propose to do so, inasmuch as effectively the complainants are contending that order dtd. 17/3/2016 passed in Special Civil Application 3552 of 2015 has not been complied. By order dtd. 17/3/2016, the learned Single Judge had allowed the writ-application and had issued the following direction:-

(2.) This order of the learned Single Judge was confirmed in Letters Patent 809 of 2016 on 20/2/2019. It is pursuant to the same and during the pendency of the said proceedings, an order came to be passed on 6/8/2016 by the State Government, directing the Nagar Palika to pay the salary or the monetary benefits to the complainants pursuant to the order of the learned Single Judge. Being aggrieved by the said order, the Nagar Palika has preferred Special Civil Application 16049 of 2016 which has been admitted and by order dtd. 16/10/2019, directed the respondent - State to pay the retirement benefits as well as salary to respondents 4 to 6 therein namely the complainants herein from the date of the entitlement within a period of eights weeks. Liberty was granted to the State to recover the said amount from the Municipality in accordance with law after giving opportunity to the Municipality. The orders passed from time to time in the instant case also seems to have travelled beyond the order which is to be complied by contemner namely, the order dtd. 17/3/2016 passed in Special Civil Application 3552 of 2015. On obtaining the sanction from the Government or financial grant having been given to the Nagar Palika, initially the payment which was to be paid to the complainants was computed at Rs.14,13,528.00 (Rupees Fourteen Lakhs Thirteen Thousand Five Hundred Twenty Eight only) by communication dtd. 12/11/2021, State intimated the Nagar Palika accordingly. Subsequently, by communication dtd. 5/1/2022 Annexure-R3 annexed to the affidavit dtd. 19/1/2022 the amount payable to the complainants has been computed at Rs.9,86,785.00 (Rupees Nine Lakhs Eighty Six Thousand Seven Hundred Eighty Five only) and same has been paid on 31/12/2021 by issuance of cheques to the respective complainants as indicated in the said communication dtd. 5/1/2022, Annexure- R3, which is not disputed by Ms. Medha Pandya, learned counsel appearing for the complainants. However, she would vehemently contend that complainants are entitled to a sum at Rs.14,13,528.00 (Rupees Fourteen Lakhs Thirteen Thousand Five Hundred Twenty Eight only) as computed earlier which exercise cannot be undertaken in these proceedings since there is neither a positive direction nor a writ having been issued in Special Civil Application 3552 of 2015 on 17/3/2016 to the said effect, nor in the order dtd. 16/10/2019 passed in Special Civil Application 16049 of 2016. Hence, it would be open to the complainants to seek for appropriate relief in the pending Special Civil Application 16049 of 2016 if so advised, and continuation of the present contempt proceedings in the light of the afore-stated facts is not warranted. Accordingly, the contempt proceedings stands dropped.