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VAIBHAVI D. NANAVATI
Karsanbhai Becharbhai Degama – Appellant
Versus
State Of Gujarat – Respondent
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:-
(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 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.
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 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.
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 higher pay scale for Child Development Project Officers based on the 1983 Recruitment Rules and the 16.08.1984 Government Resolu....
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