RAWAT TERSINHBHAI HIRABHAI Vs. VINOD R RAO, SECRETARY

JUDGEMENT

(1.) This Court by order dtd. 10/1/2022 directed the Registry to put up the records of Special Civil Application No. 7463 of 2012 along with present contempt proceedings since it was contended by the State that Secretary, Education Department was not a party to the said proceedings. Hence, to ascertain the factual matrix, we have directed the Registry to put up the record. However, the said records have not been put up. Registrar (Judicial) shall ensure such incidents do not repeat in future.

(2.) This contempt proceedings has been initiated for alleged violation of the order dtd. 21/12/2018 passed in Special Civil Application No. 7463 of 2012, which was a common order passed by the learned Single Judge. A perusal of the said order would indicate that Special Civil Applications were allowed and petitioners were held to be entitled to the wages at the minimum of pay-scale (at the lowest grade, in the grade pay- scale) extended to the regular employees holding the same post. However, in the affidavit dtd. 10/8/2020 filed by the Director of Primary education, it is contended that order passed in Civil Application is contrary to the Government Resolution as seen from paragraph 6, 7 and 8. In the further affidavit filed on 25/3/2021, it has been deposed at paragraph 4 that deponent was never a party to the proceeding. However, a plea was raised by Mr. Shalin Mehta, learned Senior Counsel appearing for the contemner that Secretary, Education Department was a party in Special Civil Application No. 7463 of 2012. However, the stand of the State, as noted herein-above was to the effect that Secretary, Education Department was not a party to the proceeding in Special Civil Application No. 7463 of 2012. In order to ascertain this factual matrix, we had directed the Registry by order dtd. 10/1/2022 to put up the records of Special Civil Application. On matter being passed over and called out again the records of Special Civil Application No. 7463 of 2012 has been placed before us and we have perused the said records and find that Secretary, Education Department, Government of Gujarat, was not a party in Special Civil Application No. 7463 of 2012.

(3.) At this juncture, learned Senior Counsel Mr. Shalin Mehta seeks leave of the Court to withdraw the contempt proceedings and seek revival of the same if need be. However, we notice that on account of the Secretary, Education Department not being a party, a review petition has been filed by the State under Order XLVII Rule 1 of Code of Civil Procedure in Misc. Civil Application No. 1 of 2021 (Review Petition) in Special Civil Application No. 7463 of 2012, as such, without expressing any opinion in that regard, we permit the contempt proceedings to be withdrawn. However, revival of the present contempt proceedings does not arise and if there is any fresh cause of action for the complainants, they would be at liberty to file fresh contempt petition, if so advised with all just exceptions including its maintainability. We have made it clear we have not expressed any opinion on merits.