Back
Ashaben Manibhai Desai – Appellant
Versus
Jamnabhai Sarvajanik Kanya Vidhyalaya – Respondent
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:
The order dated 30.04.2019 indicates that notice for final disposal has already been issued. Sta
The main legal point established in the judgment is that the withdrawal of benefits without providing an opportunity for the petitioner to be heard was unjust and improper, and the petitioner's entit....
The main legal point established in the judgment is that the withdrawal of benefits without a hearing and the refusal to grant the petitioner the entitled higher pay scale was unjust and improper.
The court established that primary teachers in municipal schools are entitled to the same higher pay-scale as those in district schools, emphasizing equality in pay for equal work.
The benefit of higher pay-scale should not depend on the actual existence of the post in a setup but should be conferred considering the promotional pay-scale.
The court reaffirmed the principle that equally situated persons should be treated equally in consonance with Articles 14 and 16 of the Constitution of India.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
