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HIGH COURT OF GUJARAT
SA,CJ,PT
BOTAD NAGAR PALIKA – Appellant
Versus
TARSADIYA PRABHUBHAI BHUPATBHAI – Respondent
ORDER :
(SUNITA AGARWAL, CJ.)
The present Letters Patent Appeal has been filed by Botad Nagarpalika challenging the order dated 09.04.2018 passed by the learned Single Judge.
2. Having heard learned counsels for the parties and perused the record, suffice it to note that the reasoning given in the judgment impugned dated 9.4.2018 passed by the learned Single Judge that the issue raised in the writ petitions are covered in the common judgment and order dated 26.9.2017 passed by this Court in Special Civil Application No. 13687 of 2009 and allied matters, could not be disputed before us. It is an admitted fact of the matter that the judgment and order dated 26.9.2017 whereby the Government Resolution dated 14.6.2005, basis of passing the order impugned, under challenge before writ Court, has attained finality.
3. The learned Single Judge records that pursuant to the Government Resolution dated 14.6.2005, the Nagarpalika (appellant herein) had re-fixed the pay of the petitioners by cancelling the higher pay-scale of Rs.5000-8000/-. With the setting aside of the Government Resolution dated 14.6.2005 by common judgment and order dated 26.9.2017 passed by this Court in the aforesaid writ p
The finality of a prior judgment precludes challenges to subsequent orders restoring benefits based on that judgment.
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 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 State Government must ensure uniformity in granting higher pay scale arrears to teachers, prohibiting discriminatory treatment.
The court affirmed that the pay scale adjustments for employees based on completion of service are lawful and maintain distinctions made by prior government resolutions.
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.
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