SUO MUTO Vs. CHIEF SECRETARY

JUDGEMENT

(1.) All these Special Civil Applications were heard together as the subject-matters are all interlinked.

(2.) It appears that Special Civil Application No. 33 of 2005 was initiated suo motu by the then the Chief Justice of this court by his order dtd. 24/12/2004 in office submissions dtd. 24/12/2004 on the basis of a news item appearing in a vernacular newspaper.

(3.) The sum and substance of the news item was the problems faced by the teachers of handicapped children. According to the said news-item, in the year 1981, the Government of Gujarat had introduced Integrated Education Scheme in each District of Gujarat State. It appears that in view of the said Scheme, about 800 Teachers of 50 various institutions of handicapped students engaged in teaching 32,000 such students were facing injustice. Blind, deaf and dumb, handicapped and mentally retarded students were taught in these Schools by the said teachers. Those teachers used to get salary and other allowances from the Education Department, the Government of Gujarat, but there was no rule and regulation prescribed for them. Though they were getting salary regularly, the benefits like Provident Fund, Pension and Allowances were not given to them. The female teachers were not getting the Maternity Leave, and thus, they were exploited by the school managements. Those teachers made frequent requests to the Chief Minister ventilating their grievances but in vain.