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HEMANT M. PRACHCHHAK
Patel Gajendrabhai Chhaganbhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Since the issues raised in all the captioned writ petitions are same they were heard together and are being decided and disposed of by this common judgment.
2. In the present petitions, the petitioners have challenged the action of the respondents in withdrawing/reducing the benefit of the higher pay- scale of Rs.5000-8000 to Rs.4500-7000.
3. The facts giving rise to present petitions are as under:-
4. The petitioners are the Primary Teachers employed by the respondent-Municipal School Board, in different districts since last many years. The petitioners were appointed in the pay-scale of Rs.1200-2040 under the Gujarat Civil Service Services (Revision of Pay) Rules, 1987. Upon coming into force of the Revision of Pay Rules, 1997 w.e.f. 01.01.1996 the petitioners were placed in the pay-scale of Rs.4000-6000.
5. The State Government introduced a scheme of Higher Pay-Scale vide Government Resolution dated 05.07.1991, which was subsequently modified by Government Resolution dated 16.08.1994. Since the petitioners became eligible for the Higher Pay-Scale as envisaged in Government Resolution dated 16.08.1994, their cases were accordingly considered and the higher pay-scale of Rs
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.
Court affirmed the principle of equal pay for equal work, stating that entitlement to higher pay scales should not depend on the availability of promotional posts, ensuring equity among teachers.
The entitlement to equal pay for equal work prevails, and the Government Resolution does not justify withholding arrears based on the availability of promotional posts.
The court affirmed that teachers should receive pay scales based on qualifications acquired during service, rejecting restrictive interpretations of government resolutions.
The main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
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