STATE OF GUJARAT Vs. ARVINDBHAI SABURBHAI SOLANKI

JUDGEMENT

(1.) Rule. Mr.Jasani appearing for respondent No.1 waives service of rule. So far as respondent No.2 is concerned this court when passed the order on 11.9.02 had issued notice for final disposal and the respondent No.2 is served but nobody has appeared. With the consent of parties matter is taken up for final hearing today.

(2.) The short facts of the case are that the respondent No.1 was appointed as Peon in the school of respondent No.2. It is the case of the Govt that one post of Peon was sanctioned as per order, dated 9.11.1994 issued by the State Govt but the post was to accrue with fixed salary of Rs.600.00p.m.only. After the order dated 9.11.1994 advertisement was issued and ultimately the respondent No.1 was appointed as per letter dated 25.11.1994. A perusal of the appointment order, copy whereof is at annexure "E" to the petition, shows that there is a note for appointment on fixed salary of Rs.600.00p.m. and the respondent No.1 has signed the agreement with all terms and conditions which, interalia, include the amount of Rs.600.00p.m. It is the case of the respondent No.1 that the respondent No.2-school authority entered into correspondence with the Govt for regular scale for the post of Peon on which post the respondent No.1 was working. However, no decision was taken and therefore the respondent No.1 preferred Application No.233/00 before the Gujarat Secondary Education Tribunal, Ahmedabad. The learned tribunal found that in view of section 37, the condition of Rs.600.00p.m is void and even for part time services remuneration is Rs.1,350.00p.m. as per Govt.Resolution and therefore the respondent No.1 would be entitled to regular payscale of Peon and the learned tribunal ordered that the respondent No.1 herein-applicant before the tribunal would be entitled to receive the payscale with all allowances as prescribed for Peon by the Govt and ordered to make payment including arrears with interest at the rate of 12% p.a. on the due amount till its realisation with costs. The said order of the tribunal which is under challenge in this petition.

(3.) The contention raised on behalf of the petitioner State Govt is that the post was sanctioned for fixed salary of Rs.600.00p.m.and the respondent No.1 also had agreed for the same. However, it has been submitted that when this court passed order of issuing notice on 11.9.02 the court issued notice for final disposal only on the question of arrears and so far as the prospective effect of the judgment of the tribunal is concerned the observations of the court were that the regular time scale should be given after the date of judgment of the tribunal and therefore statement made by the Ld.AGP that on the question of arrears of salary or rather difference from 11/94 the matter is left to the court.