IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/MISC. CIVIL APPLICATION NO. 440 of 2019

In R/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. 496 of 2019 In 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 In LETTERS PATENT APPEAL NO. 1812 of 2017 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2020 In R/MISC. CIVIL APPLICATION NO. 496 of 2019 In LETTERS PATENT APPEAL NO. 1812 of 2017 With R/MISC. CIVIL APPLICATION NO. 508 of 2019 In LETTERS PATENT APPEAL NO. 1816 of 2017 ========================================================== PATEL VISHNUBHAI DULABHAI Versus

MOHAMMAD SAHID

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Appearance:

MR KB PUJARA, MR.GAURAV MEHTA, MR. N.K.MAJMUDAR, (680) for the Applicant(s) No.

1,10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115, 116,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131,1 32,133,134,135,136,137,138,139,14,140,141,142,143,144,145,146,147,148,1 49,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,16 5,166,167,168,169,17,170,171,172,173,174,175,176,18,19,2,20,21,22,23,24, 25,26,27,28,29,3,30,31,32,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,4 8,49,5,50,51,52,53,54,55,56,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,7 1,72,73,74,75,76,77,78,79,8,80,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94, 95,96,97,98,99

MR.HARDIK MEHTA, AGP(1) for the Opponent(s) No. 1 NOTICE SERVED(4) for the Opponent(s) No. 2

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

Date : 24/09/2020

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

In the group of captioned applications filed in respect of the non-compliance of the judgment in question, time to time the orders were passed by the Court. Respondent Nos.1 and 2 were directed to remain personally present by passing order dated 17.8.2020 who had remained present on 24.8.2020 through Video Conference and got themselves appraised of the state of non-compliance and the resultant contemptuous conduct on part of the respondent in not complying with the order. They were made aware about the gravity of the conduct of the noncompliance.

2. There upon on that day on 24.8.2020 following order was passed.

"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."

3. The matter came up for consideration on 7.9.2020 and

again on 10.9.2020. The order passed on 10.9.2020 was as under,

"In the above Misc. Civil Applications arising under the Contempt of Court's Act, 1971, we had an occasion to pass the following order on 24.8.2020, "The captioned Miscellaneous Civil Applications arise under the contempt of Court's Act 1971.

2. On 17.8.2020 we had an occasion to pass 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'bleMr.JusticeBirenVaishnav) 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 and in compliance of the directions, Ms. Falguni Thakkar holding the post of Director, Animal Husbandry, Gujarat State as well as the Secretary of the Animal Husbandry Mr. NalinUpadhyay has joined the Court proceedings through the Video Conferencing. They through their learned Assistant Government Pleader submitted to the Court that the State has approached the Apex Court seeking to challenge the orders sought to be implemented and the diary number of Special Leave Petition is 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 been rather given the benefit also, however, the present applicants are deprived of.

5. Since the authorities have approached the Apex Court, we accede to that request and 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. If the authorities are unable to get the orders from the Supreme Court before the next date, they shall comply with the directions of the Court's order sought to be implemented subject to the final outcome of the appeal before the Supreme Court.

7. Stand over to 7.9.2020."

2. When the matter came up today for consideration, learned advocate for the applicants stated that against the order brought under contempt, Special Leave Petitions were preferred before the Apex Court, however, they have been dismissed.

2.1 In this view, the only thing left is the compliance of the judgment and order.

3. In this regard, learned Assistant Government Pleader on the basis of communication dated 9.9.2020 received by her from the office of Director of Animal Husbandry, Gandhinagar, Gujarat, stated that "procedure of compliance of Hon'ble High Court's oral order dated 24.8.2020 in these five contempt petitions has been initiated".

4. Since the compliance of the orders is underway, we grant time for two weeks to the respondents to see to it that the orders in question under contempt are complied with and the benefits thereunder is extended to the applicants-original petitioners.

5. The aforesaid communication dated 9.9.2020 received by learned Assistant Government Pleader shall be made available to respective learned advocates for the applicants. The matter to be next posted on 24.9.2020."

4. When the matter comes up for consideration today, there is no improvement in the situation. On the contrary learned Assistant Government Pleader Mr. Hardik Mehta showed audacity to seek further time for non-compliance which was on the untenable ground that the amount is huge.In the mattersof

contempt when the orders are to be complied with, the hugeness or smallness of the amount hardly matters. The Government machinery has to move to orient itself towards definite compliance of the orders of the Court. In the present case, despite long passage of time under one pretext or another orders are avoided to be complied with. While we do not countenance the conduct, we notice from the earlier order dated 24.6.2019 passed by the Division Bench (Coram: Hon'ble Mr. Justice Anant S. Dave (as the then was) and Hon'ble Mr. Justice Biren Vaishnav) as early on that day the Court observed that if the directions are not complied with by the next date of hearing, the Court may think over award with interest on the amount due to the applicants.

5. In view of the above situation arising, we are not inclined to grant any further time to the respondent authorities to comply with the orders and to pay the amount to the applicants except upto 9.10.2020. We provide that if the compliance is not made and the amount due to the applicant is not paid by the next date, that is 9.10.2020, the payment made to the applicant shall carry the interest at the rate of 6% as observed in order dated 24.6.2019. The question of imposition of cost to be imposed on the respondents, is kept open.

Stand over to 9.10.2020.

(SONIA GOKANI, J)

(N.V.ANJARIA, J)

MISHRA AMIT V./ Manshi