VANKAR REVABHAI KHEMABHAI Vs. GAYATRIBEN DAVE, THE SECRETARY

JUDGEMENT

(1.) This contempt proceedings have been initiated for violation of the order dtd. 7/5/2019 passed in Special Civil Application No.7635 of 2016 whereunder the following directions came to be issued:

(2.) Ms.Manisha Luvkumar Shah, learned Government Pleader has placed on record the communication dtd. 18/1/2022 whereunder it is stated that as per the Government Resolution referred to therein the pay scale has been fixed as indicated in paragraph 2 of the said order. Though Mr. Shalin Mehta, learned senior counsel would contend that it is in violation of Article 309 of the Constitution of India and there is no pay fixation order, we are satisfied that the direction issued to fix the pay scale having been passed as per the communication dtd. 18/1/2022, and as such, continuation of the contempt proceedings would not arise. However, we notice that there is delay of two and half years in not passing this order for which no explanation is forthcoming from the respondent. Hence, the contemnor, who has forwarded the communication dtd. 18/1/2022, which ought to have been done at the first instance would be liable to pay cost to the complainants. Since, order alleged to have been violated has been complied, we are of the considered view that contempt proceedings requires to be dropped subject to contemnor paying cost of Rs.1,000.00 to each of the petitioners. The said cost shall be paid personally by the signatory to the commutation dtd. 18/1/2022 and same shall not be borne by the exchequers / State.

(3.) It is needless to state that if the complainants are aggrieved by the communication dtd. 18/1/2022 they would be at liberty to challenge the same in the manner known to law.