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VAIBHAVI D. NANAVATI
Veenaben V. Pandya – Appellant
Versus
Krushnakantbhai Joshi – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Heard Ms. Mamta, Vyas, the learned advocate appearing for the petitioner and Mr. N.D. Gohil, the learned advocate appearing for the respondent No.1.
2. Both the petitions challenge the judgment and order 22.8.2006 passed by the learned Member of Gujarat Primary Education Tribunal, Ahmedabad in Application No.59 of 1998.
3. In the Special Civil Application No.12036 of 2007 the subject matter of challenge is to the extent that the petitioner’s application praying for the difference of wages including medical allowance for the period from 1987 to 1995 and 1998 to 21.7.2003 came to be rejected. The petitioner has prayed for the following reliefs :-
A teacher's entitlement to government pay scales requires formal appointment; informal or honorary status negates such claims.
Point of Law - In view of the above provisions of the Act, 1972 it emerges that due to fault of the management of the School the petitioner cannot be penalized by not granting the protection under Se....
Service Matter1 - Under Section 106 of the Schedule “F”, it is nowhere provided that if the appointment of Teacher is made in Non Granted School, then Teacher cannot be given an appointment in the gr....
The court clarified the employment status of the petitioner and directed verification of salary arrears computation, emphasizing the need for proper documentation.
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
The Petitioner is entitled to backwages and benefits from 17.01.1998 to 04.02.2010 due to unjustified non-payment and lack of substantiated misconduct.
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