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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Shwetaben Kanubhai Modh – Appellant
Versus
State of Gujarat – Respondent
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 (1s
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.
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 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.
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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