IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 2469 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 16493 of 2017 =============================================

DEEPAK RAHULBHAI KAPADIA Versus THE DIRECTOR MARKETING, INDIAN OIL CORPORATION LIMITED & ANR.

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Appearance:

PARTY IN PERSON(5000) for the Applicant(s) No. 1 M R BHATT & CO.(5953) for the Opponent(s) No. 1,2 MR. MANISH BHATT, SENIOR ADVOCATE WITH MR. MUNJAAL M BHATT(8283) for the Opponent(s) No. 1,2 =============================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 21/11/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard Party-in-Person for the Applicant and learned Senior Advocate Mr. Manish Bhatt with Mr. Munjaal Bhatt for the Respondents.

2. By this application, the applicant – original petitioner –

party-in-person has prayed for the relief that respondent has not complied with the order dated 24.01.2024 passed by the learned Single judge in Special Civil Application No.16493 of 2017.

3. This Court issued the notice on 22.10.2024. Thereafter, the following order was passed on 29.01.2025.

“Learned Senior Advocate Mr. Bhatt has submitted that since the Special Leave Petition filed by the Corporation is dismissed on 27.01.2025, the judgment and order passed by this Court will be complied with. However, he requests for four months’ time. By the next date of hearing, it is directed that the respondent – Corporation shall extend all the benefits arising from the judgment and order passed by this Court. S.O. to 06.05.2025.”

4. Thereafter, time was sought by the the applicant - party-

in-person in order to file affidavit pointing out the benefits which are yet to be paid by the respondents and the matter is taken up for today. Party-in-person invited the attention of the Court to the additional affidavit filed from page no.37 in compliance of the order dated

06.05.2025 wherein, the following averments are made “A. In the matter of Promotions:

1. The respondent - IOCL has adjusted my existing promotion dates for C grade from 31.03.2008, D Grade from 20.04.2012, and E grade from 27.03.2015.

2. The respondent - IOCL has also given me an additional promotion for F grade with effect from 15.02.2019.

3. It is worth noting that all my previous promotions, from 2008 to 2019, were timely, including the one of 2015 a fast-track promotion, which is a clear depiction of my capabilities and hard work I put in my office work.

4. However, despite the passage of more than 6 years since last promotion, I have not been provided with the next promotion to G grade yet. Due to 3 years criteria, I became eligible for consideration for promotion in grade G from the year 2022. More than 3 years have passed since then.

B. In the matters of Pay, perks, and bene

9. The respondent corporation - IOCL, has released some arrears on pay and perks along with my salary for Apr’25 on 30.04.2025 (viz. under heads of Basic Pay, Variable DA, House Rent Allowance, Profess. Upd. Allowance, Cafeteria Allowance, Leave Encashment (>300), Officiating Allowance, Leave Encashment (ESS), LFA, House Maintenance / House Upkeep, Fitness/Cult/Phi In/Wel, Helper/Sundry Expense.)

10. However, respondent - IOCL had not provided the basis and calculations for the above arrears to me, so it is not clear whether they had provided full and final arrears in the above heads.

11. The salary slip for Apr’25 and the Year-to- date payment for FY 2025-26 are attached as Annex-H Pg-91 and Annex-I Pg-92 respectively.”

5. Learned Single Judge in the order dated 24.01.2024, issued the following directions:

“8.1 Under such circumstances, in the considered opinion of this Court, it would clearly appear that the respondents had committed an error in resorting to sealed cover procedure in the year 2008 till the year

2014 more particularly by wrong.

9. In this view of the matter more particularly,