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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 425 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 15533 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 425 of 2025 With R/LETTERS PATENT APPEAL NO. 423 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 3438 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 423 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 3438 of 2020 With R/LETTERS PATENT APPEAL NO. 424 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 7328 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 424 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 7328 of 2018 With R/LETTERS PATENT APPEAL NO. 426 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 15290 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 426 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 15290 of 2019 With R/LETTERS PATENT APPEAL NO. 427 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 5653 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 427 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 5653 of 2019 With R/LETTERS PATENT APPEAL NO. 428 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 3437 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 428 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 3437 of 2020 With R/LETTERS PATENT APPEAL NO. 429 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 15383 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 429 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 15383 of 2016 With R/LETTERS PATENT APPEAL NO. 430 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 17940 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 430 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 17940 of 2016 With R/LETTERS PATENT APPEAL NO. 431 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 5833 of 2015 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 431 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 5833 of 2015 With R/LETTERS PATENT APPEAL NO. 432 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 17934 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 432 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 17934 of 2016 ==========================================================
STATE OF GUJARAT & ORS.
Versus AMRISHBHAI HARSURBHAI VICHIYA & ORS.
==========================================================
Appearance:
MS. NIRALI SARDA, AGP for the Appellant(s) No. 1,2,3 MR DHARMESH V SHAH(1050) for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,3,4,5,6,7,8,9 MR MB PARIKH(576) for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,3,4,5,6,7,8,9 MS DRASHTI D SHAH(11443) for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,3,4,5,6,7,8,9 ==========================================================
CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 20/03/2025
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, Resolution dated 08.04.2023 giving such benefits of arrears to the Teachers of Primary Education Committee, Ahmedabad, Surat, Rajkot and Jamnagar, order dated 20.07.2023 granting actual arrears of higher pay scale to the Teachers of District Education Primary Committee, Surat and order dated 19.09.2024 passed by the District Education Primary Committee, Ahmedabad giving arrears of higher pay scale to the Teachers.
4. Thus, looking to the data which is provided before us, we do not find prima facie at this stage to disturb the orders passed by the learned Single Judges granting benefits of arrears of higher pay scale. In order to maintain uniformity, the State Government cannot adopt discriminatory treatment in granting of actual arrears to the present respondents.
5. Learned AGP shall take instructions in this regard.
6. The matter is ordered to be listed on 27.03.2025 on top of the Board.
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.
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