DISTRICT PRIMARY EDUCATION OFFICER Vs. JUGALKISHOR J PATEL

JUDGEMENT

(1.) Heard learned advocate Mr.H.S. Munshaw and Ms. S.K.Mandavia for the applicants District Primary Education Officers of the Districts concerned; Mr. I.S.Supehia, learned advocate for the original petitioners and Mr. Siraj Gori and Mr. M.R. Mengde, learned AGP for the State. In one group of the present miscellaneous civil applications, the applicant District Primary Education Officer is praying for review and recall of the orders passed by this Court dated 19th December, 2001 and for taking into consideration the GR dated 16/10/1993 and dismiss the aforesaid main petitions filed by the original petitioners. In one group of the present Misc. Civil Applications, the applicants - original petitioners are praying for taking action against the respondent authorities for their having committed breach of the orders of this court. Since the whole group of these petitions is arising out of the common orders of this court, raising similar questions, all these applications have been decided by this common judgment.

(2.) During the course of hearing, learned advocate Mr. Supehia appearing for the original petitioners has not seriously objected the applications filed by the applicants Panchayat authorities for condonation of delay in filing the present review applications. Hence, the delay caused in filing the present review applications is condoned.

(3.) Brief facts leading to the filing of the present applications are to the effect that this court has passed common orders on 19th December, 2001 in Special Civil Application No. 8871 of 1999 and other cognate matters and has directed the respondent Panchayat to implement the GR dated 5/07/1991 while granting benefit of the Higher Grade at the end of 9-18-27 years of service. Necessary directions have also been issued by this court to pay, if any amount is due, in favour of the original petitioners with 12 per cent interest from the due date. Said common orders were passed by this court on the basis of other three orders which have been enumerated in the order itself by this court. Relevant observations made by this court while considering the said three decisions of this court are as under: