DEVAYATBHAI GOVINDBHAI VALA Vs. M. H. AATROLIYA

JUDGEMENT

(1.) These contempt proceedings have been initiated for willful disobedience and non-compliance of the order dtd. 22/12/2020 passed in Special Civil Application No.12316 of 2020 and connected matters where-under, the learned Single Judge has issued the following directions:-

(2.) On respondents being notified, first respondent has filed an affidavit on 24/7/2021 stating thereunder that on receipt of the direction issued by the learned Single Judge, the Board requested the Finance Department to calculate the difference amount from 24/5/2012 to 31/12/2020, which comes to about Rs.1,27,00,000.00, i.e. Rs.8,50,000.00 to each of the complainants. It is also deposed that Board has already sent a communication dtd. 25/2/2021 (Annexure-R1) to the Head Office regarding the compliance of the order dtd. 22/12/2020. It is stated that pursuant to the said communication, the amount has been paid to the complainants. This fact is not disputed by the learned counsel appearing for the complainants. However, learned counsel appearing for the complainants would vehemently contend that what has been paid is only on the basis of 5th Pay Commission, though petitioners- complainants are entitled for 6th and 7th Pay Commission and same has to be paid. Attention of this Court is also drawn to the order dtd. 16/12/2021 passed in these contempt proceedings, where-under, respondent was directed to deposit 50% of the amount referred to in the communication dtd. 29/7/2021, namely Rs.60.00 lakh. The said amount is said to have been deposited before this Court. It is also contended this Court being conscious of the fact that pay scale as per 6th Pay and 7th Pay Commissions has not been paid to complainants, direction came to be issued to respondent to deposit Rs.60.00 lakhs vide order dtd. 23/12/2021. Time and again, the Hon'ble Apex Court has reminded the High Courts that while examining a contempt petition, the order alleged to have been willfully disobeyed would only be examined and no further direction can be issued. It would be apt and appropriate to note the judgments of Hon'ble Apex Court, viz. (1) in the case of V. Senthur and Another Vs. M. Vijaykumar, IAS, Secretary, Tamil Nadu Public Service Commission and Another [2021 SCC Online SC 846], (2) in the case of K. Arumugam Vs. V. Balakrishnan and others [(2019)18 SCC 150] and (3) in the case of Sudhir Vasudeva, Chairman and Managing Director, Oil and Natural Gas Corporation Ltd. And others Vs. M. George Ravishekaran and others [(2014)3 SCC 373], whereunder aforesaid principles have been enunciated.

(3.) In the light of aforesaid authoritative pronouncements of the Hon'ble Apex Court, when the facts on hand are examined, it would clearly indicate that direction which came to be issued by the learned Single Judge which has been complained of having been willfully disobeyed is to the effect that benefits due under the Government Resolution dtd. 17/10/1988 should be given to the complainants and the back-wages be treated as notional and the actual benefits are to be paid after proper calculation. Under the said order, 8 weeks' time came to be granted to respondent to comply and it was extended on 22/6/2021, by granting time to comply on or before 27/7/2021. It is in this background, the respondent wrote yet another communication to the Finance Department to accord appropriate sanction and after having taken the sanction, an amount of Rs.1,27,00,000.00 has been paid to all the complainants, namely at the rate of Rs.8,50,000.00 to each of the complainants. Since there is no positive direction to grant or pay 6th and 7th Pay Commission, it would be open to the complainants to pursue their remedy in appropriate forum for grant of said relief. We make it clear that we are not expressing any opinion in that regard and all contentions are kept open. Hence, without expressing any opinion in that regard and having regard to the contentions raised in the Additional Affidavit filed on 17/11/2021, we drop the contempt proceedings and grant liberty to the applicants/ complainants to challenge the action of the respondents in the manner known to law. Hence, contempt proceedings stand DROPPED with liberty as noted above.