Disposed

Hiraji Shanaji Baraiya Since Expired through His Legal Heir Jasuji Hiraji Baraiya (Chauhan) v. S B Vasava or His Successor in Office, Secretary Roads and Building Department

Gujarat HC6 Oct 2022MCA/954/2022

Case brief

AI extract

What is this about?

Contempt proceedings for disobedience of an order directing respondents to consider a petitioner's case for pension computation were closed. The court accepted an undertaking to consider the case within four days and granted liberty to revive proceedings if the undertaking was not complied with.

What did the court decide?

Contempt proceedings closed with liberty to revive if undertaking not complied with.

Hiraji Shanaji Baraiya Since Expired through… — Pension and Retirement Benefits | Gujarat HC (2022)

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C/MCA/954/2022 ORDER DATED: 06/10/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 954 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 2856 of 2022

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============================================= HIRAJI SHANAJI BARAIYA SINCE EXPIRED THROUGH HIS LEGAL HEIR JASUJI HIRAJI BARAIYA (CHAUHAN)

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Versus

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S B VASAVA OR HIS SUCCESSOR IN OFFICE, SECRETARY ROADS AND BUILDING DEPARTMENT

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============================================= Appearance:

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MR KRISHNAN GHAVARIYA for MR MURALI N DEVNANI(1863) for the Applicant(s) No. 1,2

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MR KM ANTANI ASSISTANT GOVERNMENT PLEADER for the Opponent(s) No. 1,2,3

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

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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 06/10/2022

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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 have been initiated for alleged willful disobedience of order dated 10.02.2022 passed in Special Civil Application 2856 of 2022, where-under following direction came to be issued :

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“3. In view of the decision relied upon by Mr. Devnani, learned advocate, the respondents are directed to consider the case of the petitioners for addition of service of fifteen years, nine months and three days for the purposes of computation of pension in accordance with the decision in the case of Samudabhai Jyotibhai Bhedi (supra), in accordance with law within a period of six

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Page 1 of 2

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C/MCA/954/2022 ORDER DATED: 06/10/2022

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weeks from the date of receipt of certified copy of this order. The petition is disposed of, accordingly. Rule is made absolute to the aforesaid extent.”

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In light of the direction issued to the respondents to consider the case of petitioners for additional fifteen years, nine months and three days for the purposes of computation of pension in the teeth of the decision rendered in the case of Executive Engineer Panchayat (Maa and M) Department v. Samudabhai Jyotibhai Bhedi, reported in (2017) 4 GLR 2952 , learned Assistant Government Pleader submits on instructions that within four (4) working days from today, representation of the petitioners would be considered and a decision would be taken. His submission and undertaking is placed on record.

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In that view of the matter, contempt proceedings stands closed with liberty to the complainants to revive this contempt proceedings in the event of such undertaking not being complied.

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(ARAVIND KUMAR,CJ)

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(ASHUTOSH J. SHASTRI, J)

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phalguni

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Page 2 of 2

Hiraji Shanaji Baraiya Since Expired through His Legal Heir Jasuji Hiraji Baraiya (Chauhan) v. S B Vasava or His Successor in Office, Secretary Roads and Building Department

Case brief

What is this about?

What did the court decide?

Hiraji Shanaji Baraiya Since Expired through His Legal Heir Jasuji Hiraji Baraiya (Chauhan) v. S B Vasava or His Successor in Office, Secretary Roads and Building Department

Case brief

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What did the court decide?

What the court decided

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