MCA/301720/2006 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION No. 3017 of 2006 In SPECIAL CIVIL APPLICATION No. 4775 of 2006 With MISC.CIVIL APPLICATION No. 3019 of 2006 In SPECIAL CIVIL APPLICATION No. 4773 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE R.P.DHOLAKIA : HONOURABLE MR.JUSTICE DN PATEL : ======================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ======================================================= M.S.RANVA - Applicant(s) Versus R.P.GUPTA SETTLEMENT COMMISSIONER AND & 2 - Opponent(s) ======================================================= Appearance : MR ND NANAVATI for MR DEVANG D TRIVEDI for Applicant(s) : 1, MR MG NANAVATI AGP for Opponent(s) : 1 - 3. ======================================================= CORAM : HONOURABLE MR.JUSTICE R.P.DHOLAKIA and HONOURABLE MR.JUSTICE DN PATEL Date : 25/08/2008 MCA/301720/2006 2/4 JUDGMENT COMMON ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.N. PATEL) 1. The present applications have been preferred for initiating action under the provisions of Content of Courts Act, 1971 for the alleged breach of an order passed by this Court dated 14th March, 2006 passed in Special Civil Application No.4728 of 2007 and allied matters, especially paragraph no.4 thereof. The said paragraph no.4 reads as under :- “Taking into consideration the grievance as aforesaid, it is directed that the respondents shall not revert the petitioners from Class-III to Class-IV unless regularly selected candidates or senior persons then the petitioners are available.” 2. Having heard learned counsel appearing for the respective parties and looking to the facts and circumstances of the present case and also looking to the order passed by the respondent dated 13th August, 2008, we see no reason to initiate action against the respondents under the Contempt of Courts Act. However, from the facts and circumstances of the case, it appears that:- (i) The present applicants were working with the respondent authorities as Class-IV employee. Thereafter, they were promoted as Class-III employees. Subsequently, they were reverted MCA/301720/2006 3/4 JUDGMENT back to their original posts of Class-IV employees. (ii) Thereafter, the writ petitions were preferred, wherein aforesaid direction was given in paragraph no.4 of the said order as stated above. (iii) The present applicants were promoted and were transferred to District : Kutch-Bhuj from District : Rajkot. Looking to the order dated 13th August, 2008 passed by the respondent authorities, the order of the transfer from District : Rajkot to District : Kutch-Bhuj has been withdrawn and again the present applicants have been allowed to resume their duties at promoted posts as Junior Clerk- Class-III employment at District : Rajkot. Thus, the present applicants have been promoted from Class-IV employee-Peon to Class- III-Junior Clerk at District : Rajkot. (iv) Looking to the order passed by the respondent authorities on 13th August, 2008, it has been stated that the present applicants have been promoted on a temporary basis/adhoc basis for one year for administration reason. (v) Learned counsel for the applicants submitted that so long as, the respondents are MCA/301720/2006 4/4 JUDGMENT scrupulously following the directions as mentioned in paragraph no.4 of the order dated 14th March, 2006 passed in Special Civil Application No.4728 of 2007 and allied matters as stated above, the learned counsel for the applicants is not pressing this applications at this stage. 3. In view of the aforesaid order dated 13th August, 2008 and so long as the respondent authorities are following the directions of paragraph no.4 as stated above, these applications are disposed of as not pressed at this stage. Rule is discharged. All interim reliefs, if any, come to an end. (R.P.DHOLAKIA, J.) (D.N. PATEL, J.) /patil