JADAV RATILAL KALIDAS Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) The present petition is filed by the retired primary teachers of the Ahmedabad Municipal School Board. The grievance of the petitioners is that the State Govt. has implemented the scheme of the higher pay scale to the primary teachers at the end of 9, 20 and 31 years of service with effect from 1.6.1987 by the Government Resolution dated 16.8.1994. It is also the case of the petitioners that the State Govt. had also implemented the revised pay sales with effect from 1.1.1996 pursuant to the 5th Central Pay Commission and Gujarat Civil Service (Revision of Pay) Rules, 1998. It is the case of the petitioners that all the Govt. Resolutions/ circulars and orders issued by the State Govt. for giving benefit to the Govt. employees are made applicable to the primary teachers of the Municipal School Board with effect from the same date and on the same condition as applicable to the Government employees by Govt. Resolution dated 11.12.1986. The petitioners, therefore, submitted that the entitlement of the petitioners for the benefits of the higher pay scale and revised pay scale is not in dispute. The petitioner is constrained to approach this Court by way of this petition because the respondents are highly indifferent in granting benefits to the petitioners, who have already retired. It is also the case of the petitioners that the respondents have granted such benefits to all other primary teachers who continued to be in service of the respondents. The prayer of the petitioners is that the respondents be directed to forthwith revise and pay the petitioners the pensionary benefits together with interest at the rate of 24 % per annum.

(2.) This Court issued rule on 7.2.2000 and made notice as to interim relief and hearing of the rule returnable on 28.2.2000. In response to the process of this Court, respondent no.1, Administrative Officer, Ahmedabad Municipal School Board has filed an affidavit in reply. It is stated in the said affidavit in reply as under,

(3.) The deponent has also produced a copy of the communication addressed to the Director of Primary Education by the Joint Secretary, Education Department at Annexure 'I'. The same is dated 21.9.1999. It is stated in the said communication in the last para as under,