STATE OF GUJARAT Vs. BABUBHAI SAMPATBHAI PATELIYA

JUDGEMENT

(1.) The present Appeal seeks to challenge the legality and validity of an Order dated 08.10.2020 passed in Civil Application (for direction) No.1 of 2020 in Special Civil Application No.23158 of 2019, whereas another LPA No.986 of 2020 seeks to challenge an Order dated 22.12.2020 passed in Civil Application (for breach of order) No.2 of 2020 in Special Civil Application No.23158 of 2019. Both these Appeals being connected matters, were taken up for hearing together.

(2.) Learned Advocate General Shri Kamal Trivedi appearing on behalf of the Appellant State in both the Appeals, has claimed that 51 Respondents ? Original Petitioners are itinerant / pravasi teachers, engaged by various grant ?in ?aid schools etc. in accordance with G.R. dated 21.12.2015, issued by the Education Department, under which as and when regularly recruited teachers of particular subjects proceed on leave, the concerned schools move requisition for permitting to engage itinerant / pravasi teachers in those subjects, and at the end of the month, depending upon the periods taken by them on the basis of the claim put by the concerned schools, the concerned District Educational Officers would release the payment in favour of the schools, which in their turn would disburse the same to the said itinerant / pravasi teachers.

(3.) As against the above, according to Mr. Gautam Joshi, the learned Senior Counsel appearing for 51 Respondents ? Original Petitioners, the Respondents ? Original Petitioners are rendering their services in various schools confined to three districts i.e. Panchmahal, Mahisagar and Dahod since 2016, and that though they were initially desired to take care of the situation created because of vacancy of regularly recruited teaching staff, they have been continued like that since then in the said three districts, as the State could not take up the task of recruitment of Secondary and Higher Secondary teachers, and that they have been performing regular duties as regularly recruited teachers, and that therefore, the Respondents' main prayer is to regularise their services by making the payment of regular salary and allowances as available to the regular teachers from their original date of payment. According to him, by way of Civil Application filed in the main matter, Respondents ? Original Petitioners sought direction against the State authorities to pay to the Respondents the "honorarium per class" on pro ?rata basis from March, 2020 till the time, classes are assigned to them, which was allowed by the learned single Judge vide Order dated 08.10.2020 with certain directions and since according to him, there was non ?compliance of the said directions, he took out another Civil Application under Order 39, Rule 2A of the Code of Civil Procedure, 1908.