LAWS(GJH)-2018-6-15

B R ACHARYA Vs. PANKAJKUMAR B THAKER

Decided On June 20, 2018
B R Acharya Appellant
V/S
Pankajkumar B Thaker Respondents

JUDGEMENT

(1.) This Misc. Civil Application is filed under the provisions of the Contempt of Courts Act, 1971 by the applicant alleging that the respondents have intentionally and willfully violated the directions issued by this Court in the order dated 01.08.2016 passed in Letters Patent Appeal No.407 of 2010 with Letters Patent Appeal No.423 of 2010, therefore, appropriate proceedings be initiated against the respondents under the Contempt of Courts Act, 1971.

(2.) Heard learned advocate Mr. M.D. Rana appearing for the applicant and learned Assistant Government Pleader Mr. K. M. Antani for the respondents.

(3.) Learned advocate for the applicant submitted that the applicant was dismissed from service on the ground of absenteeism and therefore he initiated proceedings by filing petition before this Court. Ultimately, the Division Bench of this Court passed an order on 01.08.2016 in Letters Patent Appeal No.407 of 2010 with Letters Patent Appeal no.423 of 2010, by which, this Court allowed the appeals and quashed and set aside the order passed by the learned Single Judge as also the order passed by the Gujarat Civil Service Tribunal and the order of dismissal passed by the respondent No.1 Director, Social Defence Department. This Court directed the respondents to pay all the consequential benefits as if petitioner is deemed to have been continued in service till the age of superannuation i.e. 31.01.1996. Further direction was given to pay the retiral dues with simple interest at the rate of 6% per annum within a period of six weeks from the date of receipt of the said order. However, the respondents did not comply with the said directions and therefore the applicant has filed the present Misc. Civil Application under the provisions of the Contempt of Courts Act.