JUDGMENT :

1. Rule returnable forthwith. Mr. Soaham Joshi, learned Assistant Government Pleader waives service of notice of Rule for the respondent Nos.1, 2, 5, 6, 7, 8 and 9, Mr. Khanchandani, learned advocate waives service of notice of Rule for respondent No.3 while Mr. H.S. Munshaw, learned counsel waives service of notice of Rule for respondent No.4.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. By way of this petition, under Article 226 of the Constitution of India, the petitioners, the widow of the deceased Bhikhubhai Umiyashankar Teraiya and the other legal heirs have prayed that the respondents be directed to restore the benefit of first higher pay scale of Rs.5000-8000/- in favour of the deceased Bhikhubhai Umiyashankar Teraiya with effect from 20.1.1997 and also pay all other consequential benefits and amount of recovery wrongly made from the deceased and to hold and declare that the deceased was entitled to first higher pay scale of Rs.5000-8000 on completion of nine years of service (20-1-1997) in light of the decision of the Coordinate Bench of this Court dated 26.9.2017 passed in SCA No.1485/2010.

4. The facts in brief would indicate that the deceased Bhikhubhai Umiyashankar Teraiya was appointed as primary teacher in the pay scale of Rs.1200-2040 vide appointment order dated 13.1.1988. He joined duties on 20.1.1988. On completion of 9 years of service, he was granted the benefit of first higher pay scale of Rs.1400-2600/- with effect from 20.1.1997. The pay scale of Rs.1400-2600/- was revised to Rs.5000-8000/- with effect from 1.1.1996.

5. Mr. Bhikhubhai Umiyashankar Teraiya, since deceased, by way of Mutual Inter District Transfer was transferred from Bhavnagar Municipal School Board to the Rajkot District Education Committee vide order dated 14.2.2002. He was relieved on 28.2.2002 and he joined duties at Somalpur Primary School, Taluka : Jasdan, District Rajkot on 1.3.2002.

6. Based on an audit objection raised by the Local Fund Office, Bhavnagar, the benefit of the higher pay scale of Rs.5000-8000/- was withdrawn and the pay scale was reduced to that of Rs.4500-7000/- and difference of salary for the period from the year 1997 to 17/25.3.2015 were recovered.

7. Mr. K. B. Pujara, learned counsel for the petitioner would submit that the issue of the entitlement of the higher pay scale of Rs.5000-8000/- and the orders of recovery in case of primary teachers employed with the Municipality School Board at Bhavnagar was a subject-matter of consideration before this Court in SCA No.13687 of 2009 and allied matters in the case of Patel Rameshkumar Dharmshibhai v. State of Gujarat decided on 26.9.2017.

8. Since the deceased Bhikhubhai Umiyashankar Teraiya was also similarly situated and was entitled to the benefit of this decision after the judgment of this Court because of death on 16.7.2019 could not pursue the remedy.

9. Mr. Khanchandani and Mr. Munshaw, learned advocates appearing for the respective parties would object to the parity of deceased Bhikhubhai Umiyashankar Teraiya of those petitioners on the ground that the order is of the year 2015 and the consequential recovery is challenged now.

10. Perusal of the order dated 26.9.2017 of Coordinate bench of this Court in the aforesaid matters being SCA No.13687 of 2009 and allied matters would indicate that after extensive discussion on the facts and entitlement of those petitioners to the benefit of first higher pay scale of Rs.5000-8000/-, the Court held as under:

"(19) I have considered the rival contentions made by the learned advocates appearing on behalf of the respective parties for the lis. I have also perused the documents on record.

(20) The core issue which fastens the present petitions, is that whether the Primary Teachers working in the Municipal Primary Education Committees (known as 'Municipal School Boards') are entitled to the higher payscale equivalent to the Primary Teachers wo