BARAIYA VIJAYKUMAR NANUBHAI Vs. N.B.BHATT

JUDGEMENT

(1.) The petitioner has taken out this application for seeking implementation and enforcement of the order dated 28.09.2015 passed by this Court in S.C.A. No.13818 of 2015, and holding the concerned respondents responsible for willful disobeying the Courts order and thereby committing Contempt of Courts Act.

(2.) It is required to be noted that at this stage that the petitioner was granted relief by Gujarat Secondary Education Tribunal vide judgment and order dated 22.07.2008, whereunder the petitioner was appointed as 'Peon' in respondent no.4's school on compassionate basis. The said judgment and order of Tribunal had remained to be complied with and, therefore, the petitioner was constrained to move even an Execution Application in which the concerned Tribunal except passing an order for compliance with the directions, could not do anything. As a result thereof, the petitioner was constrained to move an application by way of S.C.A. No.13818 of 2015.

(3.) It is also required to be mentioned at this stage, that the order passed by the Tribunal in the Execution proceedings and the original order of Tribunal dated 22.07.2008 were subject matter of challenge before this Court by the State by way of S.C.A. No.12241 of 2015, which petition came to be dismissed on 31.08.2015. The dismissal of that petition would not entail the appointment of the petitioner as a 'Peon' in the school concerned. Unfortunately, the same did not happen and taking note of these facts this Court in the petition that was filed by the petitioner being S.C.A. No.13818 of 2015 constrained to make following observations, which read as under;