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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hemant M. Prachchhak, J.
Patel Gajendrabhai Chhaganbhai & Ors. – Petitioners
Versus
State Of Gujarat & Ors. – Respondents
R/Special Civil Application No. 5832 & 5833 of 2015, R/Special Civil Application No. 15383, 17934, 17940 Of 2016, R/Special Civil Application No. 3068, 5625, 7328 of 2018, Civil Application (Fixing Date Of Early Hearing) No. 1 Of 2023 In R/Special Civil Application No. 17940 Of 2016, R/Special Civil Application No. 9612 Of 2010
Decided On : 29-04-2024
JUDGMENT : Higher Pay-Scale - Primary Teachers - Gujarat Civil Service Services (Revision of Pay) Rules, 1987, Government Resolution dated 16.08.1994 - The court analyzed the controversies surrounding the grant of higher pay-scale to Primary Teachers employed by the respondent-Municipal School Board. The court directed the State Government to examine the issue in light of the observations made in the judgment, particularly regarding the pay-scale payable to school inspectors/education inspectors/supervisors for primary schools managed and controlled by Municipal Corporations/Municipalities/District Panchayats and the necessity of providing different first/second/third higher grade pay-scales for primary teachers employed by Municipal Corporations/Municipalities. The court found that the impugned orders reducing the benefit of the higher pay-scale were based on the incorrect reading of Clause 3(2) of the Government Resolution dated 16.08.1994. The court held that 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 quashed and set aside the impugned orders and declared the petitioners entitled to arrears upon revision as per the 1st higher grade in the pay-scale of Rs.5,000-8,000 from the date of their entitlement till the date of the Government Resolution. The court directed the arrears to be calculated and paid to the petitioners on or before 31.7.2024, without entitlement to any interest. The court also ordered the adjustment of any benefits already paid to the petitioners in view of the earlier orders passed in their favor conferring the higher pay-scale of Rs.5000-8000. The petitions were allowed and the connected civil application was disposed of accordingly.
Fact of the Case:
The petitioners, Primary Teachers employed by the respondent-Municipal School Board, challenged the action of the respondents in withdrawing/reducing the benefit of the higher pay-scale of Rs.5000-8000 to Rs.4500-7000. 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. 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. The petitioners became eligible for the Higher Pay-Scale as envisaged in Government Resolution dated 16.08.1994, and their cases were accordingly considered and the higher pay-scale of Rs.5000-8000 was granted to them. The impugned order dated 14.06.2005 referred to a common judgment passed by the Court on 20.12.2004 in Special Civil Application No.11267 of 2004 and allied matters, which led to the dispute of fixing and reduction of the pay-scale of the petitioners.
Finding of the Court:
The court found that the impugned orders reducing the benefit of the higher pay-scale were based on the incorrect reading of Clause 3(2) of the Government Resolution dated 16.08.1994. The court held that 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 quashed and set aside the impugned orders and declared the petitioners entitled to arrears upon revision as per the 1st higher grade in the pay-scale of Rs.5,000-8,000 from the date of their entitlement till the date of the Government Resolution. The court directed the arrears to be calculated and paid to the petitioners on or before 31.7.2024, without entitlement to any interest. The court also ordered the adjustment of any benefits already paid to the petitioners in view of the earlier orders passed in their favor conferring the higher pay-scale of Rs.5000-8000. The petitions were allowed and the connected civil application was disposed of accordingly.
Ratio Decidendi: The court held that 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 quashed and set aside the impugned orders and declared the petitioners entitled to arrears upon revision as per the 1st higher grade in the pay-scale of Rs.5,000-8,000 from the date of their entitlement till the date of the Government Resolution. The court directed the arrears to be calculated and paid to the petitioners on or before 31.7.2024, without entitlement to any interest. The court also ordered the adjustment of any benefits already paid to the petitioners in view of the earlier orders passed in their favor conferring the higher pay-scale of Rs.5000-8000.
Final Decision: The court allowed the petitions, quashed and set aside the impugned orders, and declared the petitioners entitled to arrears upon revision as per the 1st higher grade in the pay-scale of Rs.5,000-8,000 from the date of their entitlement till the date of the Government Resolution. The court directed the arrears to be calculated and paid to the petitioners on or before 31.7.2024, without entitlement to any interest. The court also ordered the adjustment of any benefits already paid to the petitioners in view of the earlier orders passed in their favor conferring the higher pay-scale of Rs.5000-8000.
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.5000- 8000 was granted to them. The said grant of the higher pay-scale was sent for approval to Director of Primary Education but since no decision was taken, the association of the Primary Teachers made various representations to the authorities to grant such approval.
6. It appears that the order dated 14.06.2005, which is impugned in the present petitions, refers to the common judgement passed by this Court on 20.12.2004 in Special Civil Application No.11267 of 2004 and allied matters. Thus, the genesis of the entire dispute of fixing and reduction of the pay- scale of the petitioners is the order dated 14.06.2005. After analyzing the entire controversy and considering the different pay fixation, including the revision of pay, this Court directed the State Government to examine the issue in light of the observations made in the judgement. The observations are incorporated as under:
(i. what should be the pay-scale payable to the school inspectors/education inspectors/supervisors for primary schools managed and controlled by Municipal Corporations/ Municipalities / District Panchayats;
(ii. when the pay-scale of primary teachers employed by the Municipal Corporations/Municipalities and of those employed by the district panchayats is the same, whether it is necessary to provide different first/second/third higher grade pay-scales for primary teachers employed by Municipal Corporations/ Municipalities.”
7. Pursuant to the aforesaid judgment of this Court, the State Government passed the impugned order dated 14.06.2005 prescribing that the Primary Teachers who do not have any promotional posts will be entitled to the Higher Pay-Scale as per Appendix-I to the Government Resolution dated 16.08.1994.
8. I have heard learned Counsel appearing for the respective parties.
9. An afiidavit-in-reply filed by Mr. Chauhan, learned Counsel on behalf respondent No.2 in Special Civil Application No.3068 of 2018 is taken on record.
10. Mr. Asthavadi, learned Counsel appearing for the petitioner in Special Civil Application No.15383 of 2016 has submitted that the petitioner of said petition being Special Civil Application No.15383 of 2016 was not extended the benefit and was paid the pay scale of Rs.4500- Rs.7000 only till date and was not getting any benefits as prayed for in the petition which is extended in favour of other petitioners.
11. Mr. Pujara, learned Senior Counsel appearing for some of the petitioners has vehemently submitted that the impugned orders passed by the respondent authorities is contrary to the policy and to the Rules. Mr.
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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