JUDGMENT :

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondents.

2. Even in two rounds today, Mr. M.R. Vyas, learned counsel appearing for respondent Nos.1 and 2 remained absent. Though served, nobody appears for respondent No.3. Mr. Kurven Desai, learned Assistant Government Pleader appeared for and on behalf of respondent No.4.

3. Heard Mr. R. R. Marshall, learned Senior Counsel assisted by Mr. Savan Pandya, learned advocate for the petitioner in Special Civil Application No.8184 of 2019 and Ms. Yogini V. Parikh, learned advocate in Special Civil Application No.14336 of 2019.

4. When these petitions were listed for hearing on 30.08.2022, this Court passed the following order:

"Heard Mr. Rustom Marshall, learned Senior Advocate appearing with Mr. Savan Pandya, learned advocate for the petitioner in Special Civil Application No. 8184 of 2019 and Ms. Yogini Parikh, learned advocate for the petitioner in Special Civil Application No. 14336 of 2019. Mr. M.R. Vyas, learned advocate for respondents is not present.

The order dated 30.04.2019 indicates that notice for final disposal has already been issued. Stand over to 12.09.2022. On that date, the matter shall be taken up for final hearing even if learned advocate for the respondents is not present."

5. These petitions are filed by retired teachers of the respondent Nos.2 and 3 - Institutions praying for the benefit of the Government Resolution dated 07.09.1998 by which the State Government for the Private Primary Schools, revised the pay-scales in line with the Gujarat Civil Services Pay Rules, 1996.

6. Mr. R. R. Marshall, learned Senior Counsel would submit that the petitioner of Special Civil Application No.8184 of 2019 was serving with the institution from 1974 and retired on superannuation with effect from 03.05.2006. Mr. Marshall would further submit that the petitioner was already drawing pay-scale of Rs.950-1050/- and pursuant to the Resolution of the State, the petitioner would be entitled to the pay-scale of Rs.3050-4590/- with effect from 01.01.1996 and consequential revisions of pay till he retired on superannuation.

7. As far as the facts of Special Civil Application No.14336 of 2019 are concerned, the petitioner had worked for a period of 23 years and retired on superannuation on 03.06.2008.

8. It is their case that they were entitled to the revision of pay-scales in the pay-scales as aforesaid automatically on coming into force Pay Rules of 1996 so accepted by the State Government vide Resolution dated 07.09.1998.

9. Reliance was placed on an order dated 01.09.2005 passed in Special Civil Application Nos.7119 and 7120 of 2005 by the Coordinate Bench of this Court, wherein, the Tribunal in case of two other employees of the same respondent - institution had allowed the applications which were challenged by the Management and the orders of the Tribunal were confirmed.

10. Mr. R. R. Marshall, learned Senior Counsel would submit that the petitioner of Special Civil Application No.8184 of 2019 approached the Tribunal by filing Application No.674 of 2014 which was dismissed by the Gujarat Education Services Tribunal by the order dated 05.09.2018 only on the ground of delay.

11. Ms. Yogini V. Parikh, learned counsel for the petitioner of Special Civil Application No.14336 of 2019 would also submit that the petitioner too was an applicant / petitioner before the Tribunal in the same proceedings.

12. Mr. Marshall, learned Senior Counsel relying on ground ‘F' on page No.8 of the petition would submit that earlier request was made before the Management for fixing the salary as per Government Resolution, however, the respondents did not heed to such request at all. The petitioner apprehended that if assertion was made for rights, she would have been terminated from private management.

13. Perusal of the Resolution dated 07.09.1998 indicates that employees of the Primary Schools run by the Private Management w