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BIREN VAISHNAV, PRANAV TRIVEDI
State Of Gujarat – Appellant
Versus
Amrutbhai Mathurbhai Patel – Respondent
ORDER :
(Biren Vaishnav, J.)
Oral Order In R/Letters Patent Appeal No. 120 of 2024
1. Heard Mr.Sanjay Udhwani learned AGP for the appellant – State and Mr.R.V.Deshmukh learned advocate appearing for respondent no.1.
2. Challenge in this appeal at the hands of the State is to the order of the learned Single Judge dated 24.11.2022, by which, the prayer set out in the petition was granted.
3. For the sake of brevity, we do not reiterate the facts of the petitioner’s career as they have been set out by the learned Single Judge in the order which read 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 Govern
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 main legal point established in the judgment is the protection of vested rights and legitimate expectations of employees in relation to their approved pay scale, and the wrongful and arbitrary na....
The initial date of appointment of the petitioners was found to be relevant in determining their entitlement to pay scales based on their improved educational qualifications. The Zilla Parishad was n....
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.
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.
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