IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 20034 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J. SHELAT ==========================================================

Approved for Reporting Yes No ✓

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LALABHAI KHANABHAI PARMAR Versus STATE OF GUJARAT & ORS.

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Appearance:

MS MAMTA R VYAS(994) for the Petitioner(s) No. 1 MR SIDDHARTH RAMI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2 MR DEEPAK G ALORIA(6580) for the Respondent(s) No. 4 NOTICE SERVED BY DS for the Respondent(s) No. 3,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT Date : 20/02/2026

ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Siddharth Rami, learned Assistant Government Pleader, waives service of notice on behalf of the respondent Nos. 1 & 2.

2. With the consent of the parties, the matter is taken up for hearing.

3. Heard Ms. Mamta R. Vyas, learned Advocate for the petitioner and Mr. Rami, learned AGP for the respondent Nos.1 & 2.

4. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“A). Your Lordships may be pleased to issue a writ of Certitiori or writ in the nature of Certitiori or any other appropriate writ order or direction and be pleased to quash and Set aside the impugned order/ the communication Dated. 04/07/2018 issued by the District Primary Education Officer, Banaskantha (ANNEXURE-B) in the interest of justice.

B). Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction and be pleased to direct the respondent authorities to Grant First Higher Grade pay scale w.e.f. 1/6/1987 and not w.e.f. 01/07/1990 and to Grant Second Higher Grade Pay Scale w.e.f. 1/6/1998 when the petitioner had completed another 11 Years of Service, to the Petitioner, with all consequential benefits with interest @18% p.a. till the date of realization, as per resolution dated. 16/8/1994 passed by the Government of Gujarat, in the interest of justice.

C) Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction and be pleased to direct the respondent authorities to grant all service benefits to the Petitioner as per Govt. Circular dtd:

29/4/1992 for 60% period of untrained teacher's service i.e. 23/07/62 to 30/04/1970 in the interest of justice.

D). Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction and be pleased to direct the respondent authorities to recalculate the retirement dues of the petitioner in the interest of justice.

E) Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction and be pleased to direct the respondent authorities to recalculate the arrears of difference of pay as well as retirement dues and further direction may be given to pay the said amount within time bound period with interest @ 18% pa. till the date of realization.

F). Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to consider the case of the petitioner in light of the resolution dated:

16/8/1994 and Govt. Circular dtd 29/4/1992 in the interest of justice.

G). Interim and ad-interim relief in terms of prayer clause Para- 12(F)

above be granted.

H). Pass such other and further reliefs as the nature and circumstances of the case may require.”

5. THE SHORT FACTS:

5.1. It is the case of the petitioner that he was appointed as a primary teacher on 23rd July, 1962 and superannuated on 31st May, 1999; thereby, he has completed 36 years, 6 months and 8 days of service. The petitioner was granted one selection grade on 1st