RANCHCHODBHAI JINABHAI PATEL Vs. DISTRICT EDUCATION OFFICER PRIMARY

JUDGEMENT

(1.) THE present matters were ordered to be heard with Special Civil Application No. 8828 of 1995. This Court vide order dated 04.08.2006 has disposed of the same. THE order dated 04.08.2006 is reproduced as under:

(2.) THESE petitions are filed for and on behalf of retired teachers of Government schools. Though several prayers are made in the petitions, learned advocate for the petitioners confines the challenge of the petitioners to the question of grant of higher pay-scale to the petitioners pursuant to the Government resolution dated 5.7.91. In this regard, the petitioners question the validity of condition No.3.29 contained in Government resolution dated 16.8.94. It may be noted that other unrelated prayers are not pressed in these petitions.

(3.) THE decision of the learned single Judge holding that the Government had no authority to issue a clarificatory circular dated 16.10.93 was not approved by the Division Bench. It was held that the Government had the power and authority to issue such a circular. It may be noted that by the said circular dated 16.10.93, in the earlier GR dated 5.7.91 words "selection grade" were added along with senior scale for the purpose of compelling the employee to choose either between the higher pay-scale as envisaged in the GR or to retain selection grade/senior scale. THE Division Bench, however, found that the concerned employees were granted the benefit of selection grade in the years 1976 to 1979 i.e. before the Government issued its amending resolution dated 26.12.85. THE Division Bench found that under the said resolution the trained primary teachers were held entitled to get selection grade upon completion of 17 years of continuous service. It was therefore found that such benefits were to be considered from 1.7.83 and that therefore on and from that date onwards, selection grade became equal to senior scale. THE Bench, therefore, while allowing the appeal partially found that the original petitioners therein cannot be made to surrender the benefits of GR dated 5.7.91.