IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14270 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 11414 of 2025 ==========================================================

RAMESHBHAI DAYALBHAI PATEL & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

IN SCA No. 14270 of 2025 MR. R.D.KINARIWALA(6146) for the Petitioner(s) No.

1,10,11,12,13,2,3,4,5,6,7,8,9 MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2 MR. HJ KARATHIYA(7012) for the Respondent(s) No. 3 IN SCA No. 11414 of 2025 MR.GAURAV CHUDASAMA, ADVOCATE for the Petitioners MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 14/10/2025

ORAL ORDER

1. Heard learned advocate Mr. R.D.Kinariwala and learned Advocate Mr. H.J. Karathiya for the respondent No.3 in Special Civil Application No. 14270 of 2025 and learned Advocate Mr. Gaurav Chudasama for the petitioners in Special Civil Application No. 11414 of 2025 as well as learned AGP Mr. Nirali Sarda for the respondent-State in both the matters.

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

3. Rule returnable forthwith. Learned AGP and learned advocate Mr.

Karathiya waive service of Rule on behalf of the respective respondents.

4. Special Civil Application No.11414 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:-

“23.A. This petition be admitted and allowed.

B. Your Lordships may be pleased to issue a writ or mandamus and/or any other appropriate writ, order or direction, to quash and set aside the in action on the part of the respondents authorities for not granting the 1^st Higher Pay Scale at the rate of Rs. 5000-150-8000 and further be pleased to direct the respondents to pay the arrears upon the revision as First (1^st Higher pay scale at the rate of 5000-150-8000 as well as the 2^nd and 3^rd Higher Pay Grade of pay scale and the grade pay of Rs. 4200 with all the consequential benefits as per the 6^th Pay and 7^th pay commission and in light of the order Dt. 20-02-2024 passed by this Hon’ble Court on Dt.20-02- 2024 in SCA No. 4368/2020 with allied matters confirmed by the Division Bench in LPA No.423/2025 with allied matters and further direct to pay all the consequential benefits and arrears with prevailing rate of interest.

C. Pending hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to pay the arrears upon revision as per the 1^st Higher Pay Scale at the rate of Rs.5000-150-8000 as well as the 2^nd and 3^rd Higher Pay Scale of pay scale and the grade pay at the rate of Rs. 4200/- including all the consequential benefits as per the 6^th and 7^th pay commission.

D. Any other relief that may be deemed just, proper and necessary may also be kindly granted.

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 S