LAWS(GJH)-2023-4-1482

BHARATKUMAR PRABHUDAS PAREKH Vs. J. P. GUPTA

Decided On April 18, 2023
Bharatkumar Prabhudas Parekh Appellant
V/S
J. P. Gupta Respondents

JUDGEMENT

(1.) This contempt proceedings have been initiated alleging willful disobedience of the order dtd. 17/8/2022 passed in Special Civil Application No.15390 of 2019.

(2.) Pursuant to the notice having been issued, Mr. Aakash Gupta, learned Assistant Government Pleader today has tendered further affidavit-in-reply on behalf of respondent No.2 and has submitted that there is substantial compliance of an order and the benefits of the second higher pay scale with effect from 1/1/2003 will be revised accordingly and would be paid together with arrears as directed by this Court in an order dtd. 17/8/2022 passed in Special Civil Application No.15390 of 2019 and the said amount in actual terms will be paid within a period of four weeks from today. The said assurance which has been given to the Court on oath from further affidavit-in-reply dtd. 18/4/2023 and recorded in paragraph 3, we deem it proper to quote hereunder:-

(3.) In view of the aforesaid undertaking having been given to the Court, learned advocate appearing for the petitioner, under the instructions, does not press this petition. However, it is made clear that the petition is being disposed of on the assurance given to the Court that within a period of four weeks, actual payment would be paid in view of the order which has been passed by an authority on 17/4/2023. If this undertaking is not complied with by the authority, appropriate orders will be passed and simultaneously, a liberty is kept open to revive the present petition in case of any difficulty.