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.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Heard Mr.Dharmesh Shah, learned advocate appearing for the petitioners and Ms.Suman Motla, learned A.G.P. appearing for the respondent nos.1 and 2.

2. By way of the present petition, the petitioners herein have prayed for the following reliefs:-

“(A) Your Lordship may be pleased to admit and allow this petition.

(AA) To expunge the condition no.3 and 4 of the GR dt.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 1st higher pay scale as per 6th pay revision with 8% interest.

(B) Your Lordship may be pleased to issue writ of mandamus or any other appropriate writ, order or direction directing the respondent authority to grant the 1st higher pay grade to the petitioner being payscale of the promotional post (Rs.5000-8000) on completion of 9 years of service to petitioner instead of pay scale (Rs.4500-7000) with all consequential benefits in the interest of justice.

(C) Pending admission hearing and final disposal of present matter, YOUR LORDSHIP may be pleased to call for the report of grievance raised in the representation by the petitioner in the interest of justice.”

3. The petitioners herein have challenged the action on the part of the respondents for wrong grant of first higher grade pay-scale of Rs.4000-7000 upon completion of 9 years to the concerned teachers as per chart, instead of pay-scale of promotional post of Rs.5000- 8000. The petitioners herein are the primary teachers employed by the respondent no.4 and have been working with various schools run by the respondent no.4. Under the Revision of Pay Rules, 1987, the pay-scale of primary teachers was Rs.1200-2040. The petitioners’ pay-scale was accordingly fixed in the said pay-scale. Upon coming into force of Revision of Pay Rules, 1997 with effect from 01.01.1996, the petitioners’ scale was revised to Rs.4000- 6000. Upon completion of 9 years, the first higher pay-scale of Rs.4500-7000 was granted to the concerned teachers and thereafter, upon completion of 20 years, the second higher payscale was also granted. By resolution dated 12.03.2004, the Surendranagar Nagarpalika School Board was merged in the District Panchayat Surendernagar and on 30.04.2003, the District Panchayat Education Samiti passed an order to accept the order of the State Government. Since then, the petitioners are working under the District Panchayat at Surendranagar. The appointment order of the petitioners dated 13.12.1989, the first higher grade order dated 06.07.2009, the second higher grade order dated 30.06.2012, government resolution dated 12.03.2004 and the order dated 30.04.2003 are duly produced at Annexure-B collectively to the petition. The respondent – State issued a circular dated 16.08.1994 wherein, the respondent – State declared the scheme of amended higher pay grade scale, particularly condition no.3.2 whereby, it was declared that the first higher pay grade scale can be granted for the next promotional post pay-scale and in the case of the petitioners, the school board was not granted and due to such discriminatory treatment by the respondent – authority, the petitioners working under the municipal school board were getting the said pay-scale upon completion of 20 years, which has resulted into heavy loss to the petitioners. The communication dated 25.06.2015 was issued by the respondent no.2 to all the district and municipal school boards to fill up the post of Keni/education supervisor (promotional post). So far as the Surendranagar District School Board is concerned, there are six sanctioned promotional posts available. Despite the aforesaid, the petitioners were denied the higher pay grade for the promotional post of Keni/education supervisor upon completion of 9 years of service.

4. Mr.Dharmesh Shah, learned advocate relied upon the aforesaid facts and submitted that an identical issue has been decided by this Court in Special Civil