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VAIBHAVI D. NANAVATI
Bharat Kanyalal Meena – Appellant
Versus
State Of Gujarat – Respondent
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
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.
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 statutory rules regarding pay scales prevail over administrative resolutions, entitling Gram Sevaks to a higher pay scale of 5000-8000 after 9 years of service.
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....
The main legal point established in the judgment is the entitlement of employees to a higher pay scale as per the Government Resolution dated 16.08.1994 and the recruitment rules, based on their resp....
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