The finality of a prior judgment precludes challenges to subsequent orders restoring benefits based on that judgment.

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 petitions, there is no question of any illegality to the order passed by the learned Single Judge, wherein it is recorded that respondents are required to restore the orders granting higher pay-scale of Rs.5000-8000/- to the petitioners and the consequential benefits thereof.

4. Before parting with this order, we may also record that in another Letters Patent Appeal No1229 of 2018 filed by the Botad Nagarpalika, the respondent No.1 therein has brought on record a Government Resolution dated 12.10.2022 with the affidavit dated 13.8.2024, wherein the State Government has notified its decision to grant first higher pay-scale of Rs.5000- 8000/- to all the Primary teachers of the Municipal School Boards (Nagar Prathmik Shikshan Samiti) to bring them at par with the Primary teachers of other Primary Schools with effect from 1.1.1996.

5. It is brought on record that the Government Resolution dated 12.10.2022 provides that the first higher pay-scale of Rs.5000-8000/- from the date of their entitlement shall be given to the teachers of the Municipal School Boards. By Government Resolution dated 12.10.2022, notional benefits of placing in the first higher pay-scale of Rs.5000-8000/- had been given to the Municipal School teachers from the date of their entitlement. However, the said Government Resolution dated 12.10.2022 had further been challenged by a group of teachers in Special Civil Application No. 4368 of 2022 and allied matters which came to be allowed vide judgment and order dated 20.2.2024. A perusal of the judgment and order dated 20.2.2024 passed by this Court makes it evident that the Government Resolution dated 12.10.2022 had been interfered insofar as it restricts payment of arrears. Directions has been given that the petitioners therein would be entitled to grant of arrears upon revision as per first higher pay-scale in the pay-scale of Rs.5000- 8000/- from the date of their entitlement till the date of the Government Resolution. Further, direction has been given to calculate the arrears and pay accordingly.

6. It is submitted by the learned advocates appearing for the parties that the judgment and order dated 20.2.2024 passed by this Court in Special Civil Application No. 4368 of 2022 with allied matters has attained finality.

7. Having noticed the above, we do not find it to be fit case for interference. The Letters Patent Appeal is, accordingly, dismissed being devoid of merits. The Civil Application also stand disposed of, accordingly.