IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 394 of 2023 In R/SPECIAL CIVIL APPLICATION/13139/2022 ================================================================

ASHISHKUMAR BHAISANKAR DAVE & ORS.

Versus MANOJ AGRAWAL, IAS & ORS.

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Appearance:

DIPAK N JOSHI(1689) for the Applicant(s) No. 1,2,3,4,5 MR PARAG M KULKARNI(7777) for the Applicant(s) No. 1,2,3,4,5 MR RB THAKOR(6743) for the Opponent(s) No. 5 MS MANISHA LAVKUMAR SHAH, AAG with MR DHAWAN JAYSWAL, AGP for the Opponent(s) No. 1,2,3,4 ===============================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 05/03/2026

ORAL ORDER

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

1. Heard learned advocate Mr.Dipak N. Joshi for the applicants, learned Additional Advocate General Ms.Manisha Lavkumar Shah assisted by learned Assistant Government Pleader Mr.Dhawan Jayswal for the respondent Nos.1 to 4 and learned advocate Mr.R.B.Thakore for the respondent No.5.

2. The Co-ordinate Bench of this Court (Coram: Hon’ble Mr.Justice A.S.Supehia and Hon’ble Mr.Justice L.S.Pirzada) passed a common order dated 17^th September, 2025, which reads as under :

“1) At the outset, learned advocates appearing for respective parties as well as the learned Additional Advocate General Ms.Manisha Lavkumar has submitted that the Supreme Court vide order dated 08.09.2025, has dismissed the Special Leave Petition (Civil) Diary No.48874 of 2025 which has been filed by the State Government. Thus, the judgment and order dated 23.04.2024 passed in Letters Patent Appeal No.1325 of 2022 and the order dated 25.06.2025 in MCA No.27969 of 2024 stands confirmed. Learned AAG on instructions of Mr.Gopalsinh Yadav, Under Secretary, Panchayat Rural Housing and Rural Development Department submitted that the benefits as directed by this Court shall be paid to all the applicants – original petitioners within a period of

3 months. She has submitted that there are at least more than 2800 employees and an amount of Rs.1400 Crores is required to be disbursed by way of benefits to all the applicants in the entire State. The aforesaid time limit has been vehemently opposed by the learned advocates appearing for the applicant and submitted that the 3 months time may not be granted for extending the actual benefits since the State Government has already undertaken an exercise in this regard by calculating the amount to be paid to the present applicant.

2) We appreciate the concern of the learned advocates appearing for the applicants since they are waiting for the actual benefits to be paid for more than three and a half years. However, since the SLP is dismissed by the Supreme Court on 08.09.2025 laying quietus to the entire controversy, and looking to the fact that there are more than 2800 employees and an amount of Rs.1400 Crores is also involved, we accede to the request of the learned Additional Advocate General. We direct that the actual benefits to the present applicants shall be paid within a period of 3 months. With this observations, we further clarify that the limitation of 3 months for granting the benefit shall apply to the petitioners who have approached this Court and so far as the similarly situated employees are concerned, who have not approached this Court, the State may extend such benefits as per their convenience.

3) With this observations, we dispose of the present applications. However, the liberty is reserved in favour of the applicants to revive the present applications by filing a simple note before the Registry of this Court in case, the actual benefits are not paid within a period of 3 months. We, further, clarify that in case, the actual benefits are not paid within a period of 3 months and the applicants are constrained to revive the applications, a personal cost of Rs.25,000/- shall be imposed on the erring officers in ea