JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“[A] Your Lordships may be pleased to issue a writ of mandamus, or any other appropriate writ, order and/or direction declaring that the Petitioner is entitled to all the benefits of all the Pay Revisions with Higher Grade Pay Scales, time to time and also the pensionary benefits as mentioned in para 3.4 herein above, and further direct the Respondents to grant all these benefits to the Petitioner, forthwith with appropriate rate of interest.

[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:

“3.4 The Petitioner states and submits that his entitlement for pay revisions and three tier pay scales are 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 three tier pay scale w.e.f. 1.7.1993 on completion of 9 years of service as per G.R. dated 16.8.1994.

C He is entitled for pay revision as per G.C.S. (ROP) Rules, 1998.

D He is entitled for 2nd Three tier Pay Scale w.e.f. 1.7.2004 (on completion of 20 years of service) as per G.R. dated 16.8.1994.

E He is entitled for the pay revision as per G.C.S. (ROP) Rules, 2009.

F Upon his retirement, after office hours of 31.5.2015, he is entitled for all his pensionary benefits as per Rule 25(x) of G.C.S. (Pension) Rules, 2002, so also Regulation 26 of Gujarat Secondary Education Regulations, 1974. All these benefits have been denied to him without any cogent reason”.

3. Heard Mr.R.V.Deshmukh, learned advocate for the petitioner and Ms.Jeenal Acharya, learned Assistant Government Pleader for State respondents.

4. Brief facts giving rise to the present petition can be briefly summarized as under.

4.1 The petitioner is having qualification of B.Com., B.Ed. and was initially appointed as Assistant Teacher in Higher Secondary Section of Government aided minority educational institution called Janta Vidhyalaya on 1.7.1984. At the relevant point of time, the pay scale of teachers of secondary as well as higher secondary schools was the same in the pay scale of Rs.440-750. Thereafter vide Government Resolution dated 18.1.1989 separate scales were prescribed for teachers of higher secondary schools and higher secondary schools. As per the said Government Resolution, the teachers of secondary schools were entitled for pay scale of Rs.440-750 whereas for higher secondary school teachers it was Rs.550-900. As per the aforesaid Government Resolution, the benefits were to be granted notionally from 1.7.1979 upto 31.12.1985 and from 1.1.1986 onwards the salaries were required to be fixed in the pay scale of Rs.1640-2900. The aforesaid pay scale of Rs.550-900, which was revised by Rs.1640-2900 vide Government Resolution dated 18.1.1989, was made applicable only to the higher school teachers.

4.2 Since the petitioner was not given the benefit of Government Resolution dated 18.1.1989 by placing him under higher pay scale of Rs.1640-2900, he preferred an Application No.109 of 1991 before the Gujarat Higher Secondary Schools Service Tribunal and vide judgment and order dated 4.8.1998 the Tribunal allowed the application preferred by the petitioner and directed the respondents to fix the salary of the petitioner as per the Government Resolution dated 18.1.1989. Accordingly, the petitioner's salary was fixed at a pay scale was fixed at a basic pay of Rs.1700. However, verification of the same was not done by Local Fund Office. In the meantime, some similarly situated teachers directly approached this Court for the same relief by filing Special Civil Application No.3804 of 2002 and allie