JASVANTBHAI DAHYABHAI SOLANKI Vs. STATE OF GUJARAT NOTICE

JUDGEMENT

(1.) This contempt proceedings have been initiated for alleged willful disobedience of order dtd. 8/2/2022 passed in Special Civil Application 15199 of 2020.

(2.) Respondents on being notified have filed their reply affidavit contending inter alia that the order passed by the learned Single Judge has since been complied. In the light of the stand taken by the respondents, we are of the considered view that it would be apt and appropriate to extract the relevant portion of order dtd. 8/2/2022 which has been alleged to have been disobeyed or willfully not complied. It reads :

(3.) As could be seen from the above order, the direction issued to the respondents is two-fold, namely (1) to consider the case of the petitioners for grant of benefit of higher pay-scale, and (2) to recompute and refix the pension and pensionary benefits of petitioners on the basis of their initial date of joining service. The enclosures to the reply affidavit in general and in specific, the communication dtd. 13/7/2022 would indicate that claim of the petitioners have been considered and rejected. Insofar as, second direction is concerned, re-computation has been done and the difference of gratuity has been paid vide communication dtd. 28/3/2022 namely a sum of Rs.1,04,550.00, has been paid to complainants, the receipt of which is not disputed by the complainants. However, the learned counsel appearing for the petitioners would vehemently contend that other benefits like leave encashment and higher pay-scale has not been granted. As could be seen from the direction issued, it was only the consideration of the petitioners' claim for grant of benefit of higher pay-scale which had to be done, and the same having been done and rejected by communication dtd. 13/7/2022, it is open for the petitioners to challenge the same. Likewise, non payment of any additional benefits if any, which has not been granted according to the petitioners, which the respondent contends has been paid, cannot be the subject matter of adjudication in contempt proceedings. Hence, leaving open said issue and reserving right of the petitioners to challenge the communication dtd. 28/3/2022, if so advised, the present contempt proceedings stands closed. Notice stands discharged.