MAHESH INDUPRASAD JOSHIPURA Vs. ANJU SHARMA, PRINCIPAL SECRETARY

JUDGEMENT

(1.) This contempt proceedings is initiated for alleged willful and deliberate disobedience of the orders dtd. 26/10/2021 passed in Special Civil Application 19947 of 2019 as well as in Civil Application No.1 of 2021.

(2.) We have heard Ms. Hem Dave, learned counsel appearing for the petitioner and Ms. Vrunda Shah, learned AGP appearing for the State. Perused the records.

(3.) The orders dtd. 26/10/2021 are at Annexures C and D collectively. Perusal of the same would indicate that while disposing of Civil Application No.1 of 2021, the learned Single Judge has observed that the State authorities had already finalized the seniority list and same is published and process has also been undertaken for giving consequential effect. As such, Special Civil Application also came to be disposed of by order of even date recording that the order passed on Civil Application No.1 of 2021 clarifies that if consequential benefits are not paid within a period of three months, as directed, and pension is not re-fixed within the stipulated time, the amount of such consequential benefits would carry interest @ 10% per annum. The order dtd. 26/10/2021 passed on Civil Application No.1 of 2021 has been implemented by passing an order on 25/5/2022. Thus, said order came to be passed beyond the period of three months whereunder the deemed date of pay fixation has been carried out and order of granting difference of salary to petitioner was also passed. Interest for delayed payment having attracted 10% per annum has also been paid. In para 3, it is stated to the following effect: