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NIRZAR S. DESAI
Amrutbhai Mathurbhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
[V] Pending hearing admission and final hearing of this petition, be pleased to direct the Respondents to complete the work of pay fixation as mentioned in para 3.4 herein above, and submit the report before this Hon’ble Court.
[c] To award the costs of this petition.”
2. In para 3.4 of the petition, the petitioner has stated about his entitlement, as under:
A That he is entitled for the pay scale of Rs.1640-2900 w.e.f. 1.1.1986, as per G.C.S. (Revision of Pay) Rules, 1987.
B He is entitled for 1st
The court affirmed that teachers should receive pay scales based on qualifications acquired during service, rejecting restrictive interpretations of government resolutions.
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.
Entitlement to pay scale under the Himachal Pradesh Civil Services (Revised Pay) Rules and the application of previous judgments in determining entitlement to the revised pay scale.
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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