IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12066 of 2025 ==========================================================

MINAXIBAHEN PURUSOTTAMBHAI PATEL & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1,2,3,4,5,6 MS NIRALI SARDA, ASST. GOVERNMENT PLEADER for the Respondent(s)

No. 1,2 MR D.G.RAMAKRISHNAN for MS RV ACHARYA(1124) for the Respondent(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 23/09/2025

ORAL ORDER

1. Heard learned advocate Mr.A.S.Asthavadi appearing on behalf of the petitioners, learned Assistant Government Pleader Ms.Nirali Sarda appearing on behalf of respondents no.1 and 2 and learned advocate Mr. D.G.Ramakrishnan for learned advocate Ms.R.V.Acharya on behalf of respondent no.3.

2. With the consent of learned advocate for the petitioners, the present petition is taken up for final disposal.

3. Rule returnable forthwith. Learned advocates for the respective respondents waives service of rule.

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

“(A) Your Lordship may be pleased to issue writ of mandamus or any other appropriate writ order or direction, holding that action of respondents to not to implement judgments of this Hon’ble Court confirmed in order dated 27.03.2025 in Letters Patent Appeal No.423 of 2025 is arbitrary and illegal and direct the respondents to implement and extent the benefit of judgment to petitioners also by granting first higher grade pay scale to the petitioners in scale of Rs.5000 – 8000/- (in the 5^th Pay Commission) from the date of entitlement of the petitioners as per GR dated 16.08.1994 (Annex-E).

(B) Your Lordship may be pleased to quash and set aside condition No.2 of GR dated 12.10.2022 (Annex-G) so far it limits that actual payment only with effect from

12/10/2022.

(C) Your Lordship may be pleased to direct the respondents to grant and pay arrears of salary to the petitioners from the date of entitlement of First Higher Grade Pay Scale of Rs.5000 – 8000/- till its actual payment.

(D) Your Lordship may be pleased to direct the respondents to also extend the benefits of eligible 2nd and 3^rd higher grade pay scale subsequent upon, higher grade pay scale of Rs.5000 – 8000/- as per eligibility and revise the salary/pension accordingly.

(E) Your Lordship may grant such other and further relief as thought fit in the interest of justice.”

5. 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.

6. 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 t