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.

ORDER :

NIKHIL S. KARIEL, J.

1. Heard learned advocate Mr. M.B. Parikh for the petitioners, learned AGP Ms. Nirali Sarda for the respondent Nos.1 and 3 and learned advocate Mr.H.S.Munshaw for respondent no.2

2. Rule returnable forthwith. Learned AGP and learned advocate Mr.Munshaw waives service of Rule on behalf of the respective respondents.

3. By way of this petition, the petitioners have prayed for following reliefs:-

“(A) Your Lordships be pleased to issue a writ of mandamus and or any other appropriate writ order of direction quashing and setting aside the inaction on the part of the respondent authority and further be pleased to direct them to pay the First (1^st) higher pay scale at the rate of Rs.5000-150-8000/= as well as the 2^nd and 3^rd higher grade of the pay scale, and the grade pay @ of Rs.4200/= including all the consequential benefits as per 6th pay, and also grant benefits under the 7th (Seven Pay Commission). Your Lordships further be pleased to direct the respondent authorities to grant all the consequential benefits available under the law namely granting second and third higher pay scale after completion of 20 and 31 years of service as it was granted by this Honourable Court in various decisions as per Annex. ‘A’

(B) Pending admission, hearing and till final disposal of this petition, Your Lordships be pleased to direct the respondents herein to pay the First (1^st) higher pay scale at the rate of Rs.5000-150-8000/= as well as the 2^nd and 3^rd higher grade of the pay scale, and the grade pay @ of Rs.4200/= including all the consequential benefits as per 6th pay, and also grant benefits under the 7th (Seven Pay Commission), Your Lordships further be pleased to direct the respondent authorities to grant all the consequential benefits available under the law namely granting second and third higher pay scale after completion of 20 and 31 years of service, as it was granted by this Hon’ble Court in various decisions as per Annex.’A’

(C) Be pleased to grant such other and further relief/s which may be deemed fit in the interest of justice.”

4. It is the case of the petitioners that the petitioners had been appointed as Primary Teachers in the school run under the administrative officer of the District Primary Education Committee and whereas they had claimed discrimination as regards teachers under the Municipal Corporations and District Panchayats being paid their first higher grade in the scale of Rs.5000 - 8000 as per Government Resolution dated 16.08.1994, upon completion of 9 years in the department where the teacher like the petitioners were not included for being conferred with the said benefits. It appears that the grievance of the petitioners having been partly assuaged by a Resolution dated 12.10.2022, the remaining portion of the grievance was with regard to non-grant of arrears and whereas the said issue had been decided by this Court in Special Civil Application No.4368 of 2020 and allied cases vide decision dated 20.02.2024. It would appear that the case of the petitioners being that the petitioners are identically situated to the petitioners in the said group of writ petitions, which had been decided vide the order referred to herein above, the same could not in any way be disputed by the learned AGP as well as learned advocate for the respondents.

5. It would also appear that the decision of this Court dated 20.02.2024 had been challenged by the State Government by preferring Letters Patent Appeal No.423 of 2025 and whereas the Division Bench of this Court vide order dated 27.03.2025 has rejected the said Letters Patent Appeal. Learned advocate for the petitioners would further submit that