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2025 DAILYLAW 8862 (GUJ)

PATEL NATWARBHAI GEMABHAI v. DISTRICT EDUCATION OFFICER , SURENDRASINH LALSINH DAMA

MCA/2373/2025 · 2025-10-15

A S Supehia, L S Pirzada

body2025

Judgment text

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C/MCA/2373/2025 ORDER DATED: 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 2373 of 2025 In R/SPECIAL CIVIL APPLICATION/19367/2022 ============================================= PATEL NATWARBHAI GEMABHAI & ORS. Versus DISTRICT EDUCATION OFFICER , SURENDRASINH LALSINH DAMA & ANR. ============================================= Appearance: MR HASIT DAVE(1321) for the Applicant(s) No. 1,2,3,4,5 MR K. M. ANTANI, AGP for the Opponent(s) No. 1,2 ============================================= CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 15/10/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) 1. Pursuant to the order dated 10.10.2025, the respondent Nos.1 and 2 have personally remained present before this Court. 2. On instructions from the respondent No.2 – Mr. Rakeshbhai Devisinh Bhokan, Principal, Model Day School, learned Assistant Government Pleader Mr. Antani has submitted that the applicant No.2 – Mr. Patel Prakash Ashwinbhai, is not presently in service. This statement is vehemently disputed by learned advocate Mr.Hasit Dave, appearing for the applicants and has submitted that the said assertion made by the respondent No.2 is incorrect and that applicant No.2 continues to be in service. It is further submitted on behalf of the respondents that the outstanding C/MCA/2373/2025 ORDER DATED: 15/10/2025 salary payable to the remaining applicants shall be disbursed. A cheque towards the salary upto the month of July 2025 has been handed over to learned advocate Mr.Hasit Dave and the salary for the months of August and September, 2025 shall be released shortly. 3. We further direct that, until the civil application filed by the respondent-authorities seeking vacation of the interim order in Special Civil Application No.19367 of 2022 is decided, the respondents shall continue to pay the salary to applicant Nos.1, 3, 4, and 5, if they are engaged on duty. 4. Since the status of the applicant No.2 – Mr. Patel Prakash Ashwinbhai, regarding his engagement as a Teacher is disputed and involves a question of fact, no order is passed at this stage in respect of him, however it is clarified that it will be open to the applicant No.2 to file an appropriate application / affidavit in the pending proceedings before the learned Single Judge, furnishing details of his service and present engagement under the respondent No.2. 5. With the above observations and directions, the present contempt proceedings stand closed. Sd/- (A. S. SUPEHIA, J) Sd/- (L. S. PIRZADA, J) MAHESH/03 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MAHESH OMPRAKASH BHATI(HC01086), PRIVATE SECRETARY, at High Court of Gujarat on 15/10/2025 14:23:37