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.

ORDER :

Special Civil Application No. 15549 /2024:

At the request of learned advocate, permission to amend the cause title in so far as correcting the names of petitioner Nos.18, 24 and 33 is granted. Appropriate amendment to be carried out right away.

1. Heard learned advocate Mr. M.B. Parikh for the petitioners and learned AGP Ms. Nirali Sarda for the respondent Nos.1 and 2

2. Since the issue raised in the present petitions are identical and since the arguments of learned advocate are also the same in all the matters, with the consent of learned advocates for the petitioners, are taken up for final disposal jointly.

3. Rule returnable forthwith. Learned AGP waives service of Rule on behalf of the respective respondents.

4. Special Civil Application No.10106 of 2025 is taken up as the lead petition for the purpose of appreciating the facts:

5. 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 arrears upon revision as 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 pay scale and the grade pay @ of Rs.4200/- including all the consequential benefits as per 6^th pay and also grant benefits under the 7^th (Seven Pay Commission) as per the order dated 20/02/2024 passed by this Hon’ble Court (Annex. C) 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 (Annex.C).

(B) Pending admission, hearing and till final disposal of this petition, Your Lordships be pleased to direct the respondents herein to pay the arrears upon revision as per 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 6^th pay and also grant benefits under the 7^th (Seven Pay Commission) as per (Annex.C), 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 (Annex.C).

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

6. 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 petit