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2016 DIGILAW 353 (GUJ)

Ashvinkumar Ambalal Desai v. Jhalod Nagarpalika

2016-02-15

K.J.THAKER, S.R.BRAHMBHATT

body2016
ORDER S.R BRAHMBHATT, J.:— Heard learned counsel for the parties. The learned counsel for the applicant has invited this Court's attention to the operative part of the order dated 08.10.2015, which deserve to be reproduced hereinbelow for ready reference. “35. In the result, this application is allowed. The impugned order dated 27th November, 2013 is hereby quashed and set aside. The respondents are directed to sanction the pensionary benefits in accordance with the rules and the regulations with all consequential benefits from the date of the retirement with arrears at the rate of 8.5% interest per annum till the actual payment. Rule is made absolute. Direct service is permitted.” 2. On 02.02.2016, this Court was constrained to issue further direction, which deserve to be reproduced hereinbelow; “1. Heard learned advocate for the applicant. 2. Appearance of Mr. Dave for respondent No. 1-Jhalod Nagarpalika and Mr. Dhawan Jayswal, learned AGP for respondent No. 2-Director of Municipalities, State of Gujarat, is taken note of. 3. In addition to what is recorded in the orders dated 21/1/2016 and 25/1/2016, today it is submitted that papers of releasing pension of the applicants were sent to the office of District Collector, Dahod. The above papers were returned to Jhalod Municipality for taking appropriate action by the office of Director of Municipalities, State of Gujarat. In turn, Director of Municipalities, State of Gujarat, addressed a communication that such powers namely, of releasing pension and other retiral dues lie with the District Collector and accordingly, now Jhalod Municipality has forwarded all relevant papers to the District Collector, Dahod. 4. Be that as it may, on the next date of hearing now fixed on 15/2/2016, Director of Municipalities, State of Gujarat, District Collector, Dahod and Chief Officer of Jhalod Municipality are directed to remain present in case the retiral dues including the pension of the applicants are not released as per the order dated 8/10/2015 passed in Special Civil Application No. 1988 of 2014. (emphasis supplied) 5. Copy of this order be given to learned AGP for compliance.” 3. Today, the counsel has submitted that 8½% interest payable as per the order of the Court, has not been paid. The rest of the amount is paid. 4. We are of the considered view that the respondents, those who have named in the order dated 02.02.2016 in paragraph no. Today, the counsel has submitted that 8½% interest payable as per the order of the Court, has not been paid. The rest of the amount is paid. 4. We are of the considered view that the respondents, those who have named in the order dated 02.02.2016 in paragraph no. 4, are in fact liable to be proceeded for contempt of court's order of the Division Bench also, as paragraph no. 4 is unequivocally clear qua its purport that those officers were required to be remained present in case if there is non compliance and when there is no answer as to why the interest component has been left out. The direction envisaged to that they would remain present before the Court as they are not present before the Court. 5. We are hereby constrained to observe that those officers are in fact liable to be proceeded against not only for the Contempt of Courts Act dated 08.10.2015, but also for the order dated 02.02.2016 Hence, the officers i.e Director of Municipalities, State of Gujarat, District Collector, Dahod, Chief Officer, Jhalod, shall remain personally present before this Court for answering as to why they should not be proceeded for Contempt of Courts Act, as prima facie there appears to be no justification on their part for even non compliance of the order and the subsequent order that has been cited hereinabove. 6. The Court at this stage, constrained to note that Chief Officer, Jhalod, is present. However, he is unable to explain as to why the component of interest have been left out, therefore, this order. Prima facie order qua commission of contempt would enure against the Director of Municipality, Gujarat State and District Collector, Dahod only so far as the order of 02.02.2016 is concerned. S.O to 16.02.2016. 7. The office is directed to pass on copy of this order to learned AGP Shri Manan Mehta for its onward communication and compliance.