JUDGMENT :

NIRZAR S. DESAI, J.

1. Learned Advocate Mr. Khanchandani submitted that both the petitions involve identical facts. The same is not disputed by learned Advocate Mr. U. M. Shastri, learned AGP Mr. Aakash Gupta, and learned Advocate Ms. Yukta Sumara appearing for learned Advocate Mr. Kheskani for the respondent – Ahmedabad Urban Development Consultancy.

2. As all learned advocates agreed that the present petitions are covered by the decision of this Court dated 09.12.2025 passed in Special Civil Application No. 13906 of 2025, the matters were taken up for final hearing. Hence, Rule. Learned AGP Mr. Aakash Gupta, learned Advocate Mr. U. M. Shastri, and learned Advocate Ms. Yukta Sumara for learned Advocate Mr. Kheskani waive service of Rule on behalf of the respondents.

3. As both the matters involve identical facts, which is not disputed by the learned advocates appearing for the respective parties, the facts are taken from Special Civil Application No. 14155 of 2025.

4. By way of the present petition, the petitioner has prayed for the following reliefs:

a) YOUR LORDSHIPS may be pleased to admit and allow this petition.

b) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order and or directions by quashing and setting aside the inaction on the part of the respondent authorities in not granting arrears of the 1st higher grade pay scale to the petitioners in the interest of justice

C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order and or directions by declaring that the Petitioners are entitled for grant of arrears upon revision as per 1st higher grade in the pay-scale of Rs.5,000-8,000 from the date of their entitlement i.e. upon completion of 9 years of service till the date of the Government Resolution dated 12/10/2022 AND FURTHER BE PLEASED to direct the Respondent Authorities to pay the same to the Petitioners in the interest of justice.

D) Pending admission, hearing and till final disposal of this Petition, YOUR LORDSHIPS may be pleased to direct the Respondent Authorities to grant the arrears to the Petitioners upon revision as per 1st higher grade in the pay-scale of Rs.5,000-8,000 from the date of their entitlement i.e. upon completion of 9 years of service till the date of the Government Resolution dated 12/10/2022

e) YOUR LORDSHIPS may be pleased to grant any other and further reliefs as may be deemed fit and proper in the interest of justice.

5. It is the case of the petitioners that all the petitioners are primary teachers appointed on 05.09.2011, except petitioner No. 4, who was appointed on 05.07.2010, in different primary schools in Botad District pursuant to the recruitment process of 2010–2011. It is submitted that all the petitioners have been discharging their duties sincerely and diligently.

5.1 As per the Government Resolution dated 16.08.1994, primary teachers in the pay scale of Rs. 1400–2600 were entitled to a higher pay scale of Rs. 5000–150–8000 (Grade Pay of Rs. 4200) upon completion of nine years of service.

5.2 Though the petitioners completed nine years of service during 2019–2020 and thereby became eligible for the first higher pay scale, the respondents did not extend the said benefit at the relevant time. The benefit was granted only after issuance of the Government Resolution dated 12.10.2022. However, arrears for the intervening period have not been paid to the petitioners. Hence, the grievance of the petitioners is only in respect of arrears to be paid to the petitioners.

5.3 According to Learned Advocate Mr. Khanchandani, the issue has been decided by this Court in Special Civil Application No. 4368 of 2020 and allied matters, wherein, by decision dated 20.02.2024, the respondents were directed to pay arrears. It is submitted that the present petitioners are identically situated to the petitioners of the said case and are, therefore, entitled to the same benefits.

5.4 Learned Advocate Mr. Khanchandani further s