Disposed

Kirankumar Janmashankar Joshi v. Sayed Jawaid Haider, Principal Secretary, Education Department, State of Gujarat

Gujarat HC6 Sept 2022MCA/446/2022

Case brief

AI extract

What is this about?

In contempt proceedings regarding alleged non-compliance with a pension order, the High Court dropped the proceedings after the Assistant Government Pleader filed an order showing Rs.36.57 lakhs paid, reserving liberty to challenge the computation.

What did the court decide?

Contempt proceedings dropped; liberty reserved to challenge the payment order and its computation.

Kirankumar Janmashankar Joshi Vs Sayed… — Pension and Retirement Benefits | Gujarat HC (2022)

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C/MCA/446/2022 ORDER DATED: 06/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/MISC. CIVIL APPLICATION NO. 446 of 2022 In

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R/SPECIAL CIVIL APPLICATION NO. 14433 of 2020

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==========================================================

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KIRANKUMAR JANMASHANKAR JOSHI

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Versus

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SAYED JAWAID HAIDER, PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, STATE OF GUJARAT

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==========================================================

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Appearance:

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ULLASH N GOHIL(8357) for the Applicant(s) No. 1 MR CHINTAN DAVE, AGP for the Opponent(s) No. 1,2,4 NOTICE SERVED for the Opponent(s) No. 3

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR

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and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 06/09/2022

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

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This contempt proceedings has been initiated for alleged disobedience of order dated 7.3.2022 passed in Special Civil Application No.14433 of 2020, where-under, the learned Single Judge has held that petitioner is entitled for grant of pensionary and retiral benefits, as indicated in paragraph 10. It reads thus:-

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“10. Accordingly, the petitions are allowed. The petitioners are treated to be entitled for grant of pensionary and retiral benefits such as gratuity, leave encashment and those admissible to them on the basis of they having rendered the services prior to the date of retirement which has to be treated as qualifying services for the purposes of pension and retirement benefits. The respondents are directed to finalise the pension case of the petitioners within a period

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Page 1 of 2

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C/MCA/446/2022 ORDER DATED: 06/09/2022

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of two months from the date of receipt of copy of the present order and pay to the petitioners pension regularly alongwith other retirement dues admissible and payable to them. The arrears which may arise to be paid shall be paid within further period of two months. Rule is made absolute to the aforesaid extent. Direct service is permitted.”

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Today, learned Assistant Government Pleader has placed on record order dated 3.8.2022, where-under, a sum of Rs.36,57,660/- has been paid. It is contended that it is in due compliance of the order passed.

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However, learned counsel appearing for complainant submits that computation is improper.

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Hence, reserving liberty to the complainant to challenge order dated 3.8.2022 as well as computation thereof and order dated 27.7.2022, in the manner known to law, contempt proceedings stands DROPPED. Notice is discharged.

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(ARAVIND KUMAR,CJ)

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(ASHUTOSH J. SHASTRI, J)

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OMKAR

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Page 2 of 2

Kirankumar Janmashankar Joshi v. Sayed Jawaid Haider, Principal Secretary, Education Department, State of Gujarat

Case brief

What is this about?

What did the court decide?

Kirankumar Janmashankar Joshi v. Sayed Jawaid Haider, Principal Secretary, Education Department, State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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