( 1 ) ALL these petitions can be divided in two groups - one consisting of Special Civil Application No. 2549, 2550, 2551 and 2552 of 1992 wherein state Government Resolution dated 25/09/1987 alone is challenged. By the said resolution all the teachers of recognised private primary schools are directed to be paid revised salary as per the rate prescribed by the Central Pay commission and which have been mentioned in the Government Resolution. In rest of the petitions, the resolution together with the judgment and order passed by the Primary Education Tribunal against each of the petitioner is also challenged.

( 2 ) AT the request and with the consent of the learned Advocates appearing for the parties, all the petitions have been ordered to be heard together and are being disposed of by this common judgment and order.

( 3 ) BY resolution dated 25/09/1987 the Government has directed all the recognised private primary schools in the State of Gujarat to pay salary to the teachers working in their schools as per the rate prescribed by the Central Pay Commission and as per the pay scales mentioned therein. The preamble to the resolution states that formerly the Director of Primary education had given instructions to recognised private primary schools for paying the revised pay scales to the teachers as per the recommendations made by the Gujarat State Third Pay Commission, popularly known as Desai pay Commission.

( 4 ) AS per Notification dated June 24, issued by the Education Department, teachers of all the primary schools of District Education Board and Municipal education Committee have been given new pay scales. For granting revised pay scales to teachers of all the recognised private primary schools, there were representations which were under consideration of the Government. Therefore the Government has resolved to apply the Gujarat Civil Services (Revised Pay) Rules, 1987 to teachers of recognised private primary schools and accordingly grant new pay scales as follows : old Pay Scales New Pay Scales rs. 290-8-330-10-350-EB-10-380 Rs. 1200-30-1560-EB-40-2040 -12-428-EB-12-500-15-560 (Trained (Trained teachers) teachers) rs. 260-6-308-EB-6-328-8-350 Rs. 950-20-1150-EB-25-1400 (Untrained teachers) (Untrained teachers) the aforesaid pay scales are ordered to be given with effect from 1/01/1986. Payment in cash as per the new pay scales is to be made from 1/04/1987 and for the period commencing from 1-1-198 6/03/1987 it is to be applied notionally till further orders. Clause (4) of the resolution specifically states that the order contained in the resolution will be applicable to the teachers of recognised private primary schools in the state. Clause (7) provides that the Director of Primary Education is required to bring to the notice of the management of primary schools the orders contained in the resolution. Clause (9) provides that the dearness allowance, h. R. A. and other local compensatory allowances which are payable to the teachers of Primary Education Committees as may be declared by the government from time to time will be payable to the teachers; and clause (10) provides that the orders contained in the resolution were required to be strictly followed and the Director of Primary Education was required to take necessary action in that behalf. Clause (11) of the resolution indicates that concurrence of the Finance Department, while issuing the resolution, has been obtained.

( 5 ) BEFORE considering the challenge to the resolution, reference may be made to the salient features of the Bombay Primary Education act, 1947 and the Rules framed thereunder. The Bombay Primary Education act, 1947 (the Act for short) came into force with effect from January 28, 1948 and it has been adopted and modified by the Gujarat Adaptation of Laws (States and Concurrent Subjects) Order, 1966. The object of the act is to provide for compulsory primary education and to make better provision for management and control of the primary ed