Equal pay must be granted to Primary Teachers regardless of the existence of promotional posts, ensuring adherence to principles of equality under Articles 14 and 16.

ORDER :

Vaibhavi D. Nanavati, J.

1. Issue RULE, returnable forthwith. Learned advocates appearing for the respective parties waive service of Rule.

2. With the consent of the learned advocates appearing for the respective parties, the present group of petitions are taken up for final hearing.

3. Since the issue involved in the present group of petitions are common, are heard together and are being decided and disposed of by this common order.

4. Heard the learned advocates appearing for the respective parties.

5. By way of the present petitions, the petitioners have challenged the action of the respondents in withdrawing / reducing and/ or not granting the benefit of the 1st higher pay scale, from Rs.5000-8000 to Rs.4500-7000 and thereafter as per the 6th Pay Commission revised from Rs.5000-8000 to Rs. 9300- 34800, whereas, the petitioners having not been paid the revised higher pay scale, therefore, the petitioners have approached this Court by way of these group of petitions.

FACTS OF SPECIAL CIVIL APPLICATION NO. 4685/ 2020:

1. Leave to amend in cause-title qua respondent no.4 is permitted. The same be carried-out forthwith.

2. Heard learned advocates appearing for the respective parties.

3.1. Briefly stated that, by way of the present petition, petitioners herein have challenged the inaction of the respondents authorities in not granting the benefit of 2nd and 3rd higher pay scale of the promotional post of Education Inspector from the date, they completed 20 and 31 years of service respectively. The petitioner nos. 1 to 128 were granted 1st higher pay scale and they have already become entitled for 2nd higher pay scale, after completion of total 20 years of service and petitioner nos. 129 to 288 have become entitled for 3rd higher pay scale, after completion of total 31 years of service. It is the grievance of the petitioners that the petitioners were not extended the said benefits.

3.2. The petitioners filed the present petition, seeking the benefits of the Government Resolution dated 16.08.1994, wherein, the State Government had framed the scheme for granting benefit of higher pay scales to the teachers. All the petitioners have been serving as Primary Teachers in various government schools- Nagar Primary Education Committee, Vadodara under the respondents and they have already completed 20 and 31 years of services respectively; some of the petitioners have retired from services. The petitioners made representation on 25.11.2019 through union requesting for the benefit of higher pay scale, as per the government resolution dated 16.08.1994. However, in absence of any response from the respondents, the petitioners have constrained to approach this Court by way of the present petition and had prayed for the following reliefs:

“(A) Directing the respondents to grant 2nd and 3rd higher pay scale of the post Education Inspector to the petitioners from the date they completed 20 and 31 years of total service respectively and further directing them to pay all consequential benefits with 9% interest.

(AA) To expunge the condition no.3 and 4 of the GR dated 12.10.2022 qua not granting the arrears of higher pay scale as per 6th pay revision to the petitioners and further directing the respondents to pay arrears of 2nd and 3rd higher pay scale as per 6th pay revision with 8% interest to the petitioners.

(B) During the pendency and final disposal of this petition, respondents may be directed to grant 2nd and 3rd higher pay scale to the petitioners and revise their pay scale accordingly.

(C) To grant such other and further relief as may be deemed fit.”

3.3. Pending the present Petition, the respondent State Government passed a resolution dated 12.10.2022, whereby, it has been decided to grant benefit of higher pay scale of Rs.5000- 8