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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Pushpaben Jayntilal Adalja – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. introduction of petition and relief sought. (Para 1 , 2 , 3) |
| 2. context of discrimination claim by petitioners. (Para 4 , 5) |
| 3. court's decision to proceed for final disposal. (Para 6) |
| 4. arguments regarding availability of promotional posts. (Para 7) |
| 5. court's final orders and directions. (Para 8 , 9 , 10) |
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 (1st) higher pay scale at the rate of Rs.5000-150-8000/= as well as the 2nd and 3rd higher grade of the pay scale, and the grade pay @ of Rs.4200/= including all the consequential benefits as per 6th pay, and
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 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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