(Per : HONOURABLE MR.JUSTICE A.L.DAVE) The applicant alleges non-compliance of order dated 29.03.2007 passed by this Court in Special Civil Application No. 8078/1997, whereby the Court gave following direction :-
Under the circumstances, if all the conditions mentioned in order of the Regional Director of the Municipalities, Rajkot, dated 24.6.1997, are complied with, the respondent Nagarpalika/ Municipality is directed to pay salaries to the petitioners on the basis of the recommendations of the 4th Pay Commission. It is observed that only if all the conditions stipulated in the order passed by the Regional Director of the Municipalities, Rajkot, dated 24.6.1997, are complied with, the Nagarpalika/ Municipality shall pay the salaries to the petitioners on the basis of the recommendations of the 4th Pay Commission. If, ultimately, it is found that all the conditions are complied with and the petitioners are entitled to the salaries as per the recommendations of the 4th Pay Commission, in that case, the arrears, if any, to be paid within a period of 6 months from such a decision.
2. Learned advocate Ms.Pooja Dave states that the respondents have not taken any decision on the representation of the applicant and on the other hand, they have extended benefits to other similarly situated employees.
3. We have considered the case of the applicant. The case of the applicant suffers from two shortcomings; (i) that the application is moved beyond the period of limitation as envisaged under Section 20 of the Contempt of Courts Act; and (ii) the learned Single Judge did not fix any time limit for taking a decision on the representation and, therefore, in the light of the decision in the case of Union of India & Ors. Vs. Oswal Woollen Mills Ltd. & Ors, AIR 1984 SC 1264, contempt cannot be said to have been committed.
4. The application, therefore, must fail and stands rejected.
[A.L.Dave,J.] [Bankim N.Mehta,J.] (patel) Top