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HIGH COURT OF GUJARAT
AS, NMT
STATE OF GUJARAT – Appellant
Versus
AMRISHBHAI HARSURBHAI VICHIYA – Respondent
ORDER :
(A.S. SUPEHIA, J.)
1. Draft amendment in Letters Patent Appeal No.425 of 2025 is allowed in terms of the draft. The same shall be carried out forthwith.
2. Learned advocate Mr. Dharmesh Shah has given the compilation to learned AGP with regard to the entire litigation and conferring of benefits of arrears of higher pay scale to all the Teachers in the State of Gujarat. Learned advocate Mr. Shah has produced the data, and has submitted that there are in total 1556 petitioners, as per his information, who are not paid actual benefits of arrears of higher pay scales as directed by this Court in various judgments. It is submitted that there are total 13356 Primary Teachers, who are paid the benefits of higher pay scale along with the arrears and only these petitioners are left out.
3. We have perused that compilation. We have found that there are various Resolutions passed by the State Government, the first one is 09.10.2018 giving the actual arrears of higher pay scale to 169 Primary Teachers of District Primary Education, Bhavnagar, the Resolution dated 05.12.2017 passed by the State Government giving benefits to the Primary Teachers of Rajkot Primary Education Committee, Resolu
The State Government must ensure uniformity in granting higher pay scale arrears to teachers, prohibiting discriminatory treatment.
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 finality of a prior judgment precludes challenges to subsequent orders restoring benefits based on that judgment.
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 delay in approaching the court does not affect the claim for pay protection and higher pension, and the recurring cause of action in matters of pay scale and consequential pension justifies the r....
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