Solanki Jayantibhai Ishwarbhai vs. Mohammad Shahin

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/MISC. CIVIL APPLICATION NO. 496 of 2019

In R/LETTERS PATENT APPEAL NO. 1812 of 2017 With

CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/MISC. CIVIL APPLICATION NO. 496 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2020

In R/MISC. CIVIL APPLICATION NO. 496 of 2019

With R/MISC. CIVIL APPLICATION NO. 440 of 2019 In SPECIAL CIVIL APPLICATION NO. 17245 of 2016

With R/MISC. CIVIL APPLICATION NO. 447 of 2019

With R/MISC. CIVIL APPLICATION NO. 448 of 2019 In SPECIAL CIVIL APPLICATION NO. 18114 of 2016

With R/MISC. CIVIL APPLICATION NO. 508 of 2019 In LETTERS PATENT APPEAL NO. 1816 of 2017

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RABARI RANCHHODBHAI AMRABHAI Versus MOHAMMAD SHAHIN

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Appearance:

MR NK MAJMUDAR(430) for the Applicant(s) No. 1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32, 33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5 6,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,8,9 for the Opponent(s) No. 10,11,12,2,3,4,5,6,7,8,9 GOVERNMENT PLEADER(1) for the Opponent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI And HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 24/08/2020

ORAL ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The captioned group of Miscellaneous Civil Applications arises under the Contempt of Court's Act 1971.

2. On 17.8.2020 we passed the following common order.

"In this application, the applicants have invoked jurisdiction of this Court under the Contempt of Courts Act seeking to enforce the directions in order dated 19th July, 2018 passed in Letters Patent Appeal No.907 of 2016 and allied appeals.

2. After issuance of notice by the Court which was as back as on 05th August, 2019, it was observed by the Court (Coram: Honourable the Acting Chief Justice Anant S. Dave (as he then was) and Hon'ble Mr.Justice Biren Vaishnav) that no further time shall be granted for compliance of the order of the learned Single Judge. The aforesaid Letters Patent Appeals' order confirms the order of the learned Single Judge.

3. Supine apathy on part of the respondents in not complying with the order of this Court could hardly be countenanced. In that view, we direct respondent Nos.1 and 2 namely Secretary, Animal Husbandry and Director, Animal Husbandry, Gujarat State, shall remain personally remain present before this Court through video conference on the next date of hearing.

Stand over to 24th August, 2020. Learned Assistant Government Pleader shall communicate the order."

3. Pursuant to the above order today, one Ms. Falguni Thakar holding the post of Director, Animal Husbandry, Gujarat State as well as Mr. Nalin Upadhyay, holding the post of Secretary, Animal Husbandry, have remained personally present before the court through the Video Conferencing. It was stated by learned Assistant Government Pleader Ms. Tripathi that the State has approached the Apex Court in respect of the orders sought to be implemented and the Special Leave Petition is registered with diary No. 17681 of 2020.

4. While we take note of the above aspect, we also find it necessary to reiterate that the orders sought to be complied with is of 19.7.2018. Two years have passed. Learned advocates for the applicants submitted that some of the similarly situated employees have also been given the benefits, the present applicants are however deprived of and kept out of the benefits.

5. Since the authorities have approached the Apex Court, we accede to the request to grant further time to enable them to obtain the appropriate orders from the Supreme Court. The matters are ordered to be posted on 7.9.2020 within which time the authorities shall obtain necessary orders from the Apex Court.

6. It was stated by learned Assistant Government Pleader that if the authorities are unable to get the orders from the Supreme Court before the next date, they would may comply with the directions of the Court's order sought to be implemented and such compliance shall be subject to the final outcome of the appeal before the Supreme Court.

7. Stand over to 7.9.2020.

(SONIA GOKANI, J)

(N.V.ANJARIA, J)

MISHRA AMIT V./ Manshi