KANDOI CHIMANLAL BRIJLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. K.B.Pujara with Mr. H. B. Singh and Mr. Biren A.Vaishnav, learned Advocates for the petitioners, Mr. Rasesh Rindani learned Assistant Government Pleader for the respondent Finance Department, Education Department, Director of Primary Education and District Education Officer, Mr.H.S.Munshaw, Ms. R.V.Acharya and Mr.Premal Joshi, learned Advocates for respective District Primary Education officers of Mehsana, Bhavnagar, and Amreli Districts and Administrative Officers of respective Municipal School Boards of said districts. At the request of learned Advocate for petitioners in Special Civil Application No. 8576 of 2008, the respondent No. 7 in the said petition is deleted. Since, in all these petitions, the grievance is identical and the issue for adjudication is the same, all these petitions are heard, considered and decided by this common judgment and order. All learned Advocates requested that since all relevant material is on the record of SCA No. 10142 of 2009, that petition be treated as lead matter and reference to respective annexures is as per the paper -book of said petition.

(2.) Learned Advocates for the petitioners have stated that, all the petitioners are senior citizen, they retired as teachers prior to 1.8.1994, the grievance voiced in these petitions is to the effect that, the higher grade scale to which the petitioners were entitled as per the policy of the Government, is not given to the petitioners and consequently their retirement dues are also paid in the lower pay -scale and the monthly pension which they have received in last two decades and which they receive every month, is also less than their entitlement. It is further, vehemently stated that the petitioners are more aggrieved by the fact that the entitlement of the petitioners is not to be adjudicated afresh, since this Court has gone into that aspect more than once and the petitioners and similarly situated teachers are held to be entitled to what is claimed in these petitions, the Authorities of the Government had even agreed to make the payment to the petitioners, the time limit given by this Court to make that payment has also lapsed before years, some of the petitioners who had approached this Court earlier and who had succeeded also, died without getting the fruits of their victory and all aged persons are again dragged into avoidable litigation by the respondent Authorities, more particularly, because of the absolutely illegal, arbitrary and contemptuous stand of the officers of Directorate of Primary Education, Gujarat State, and the petitioners who are senior citizen, are not only not treated with dignity, but are humiliated.

(3.) 1 Learned Advocates for the petitioners submitted that all the petitioners have retired prior to 1.8.1994 and they were working as primary teachers. The petitioners were entitled to the benefit of three higher grade scales pursuant to the Government Resolution dated 5.7.1991. The said policy of the higher grade scale was effective from 1.6.1987 but prior thereto there was policy of the Government to grant selection grade/senior scale to the teachers, on completion of certain number of years of service and all the petitioners were granted the said scale as well, at the relevant time. It is indicated by learned Advocates for the petitioners, by referring to various orders of this Court as well as Government instructions, which are on record, reference to which is made in the subsequent part of this judgment, that what is claimed in these petitions is already ordered to be paid, with interest by this Court and that entitlement is not required to be gone into by this Court again. Learned Counsel for the petitioners submitted that the amount of selection grade which was recovered from primary teachers is already refunded to them with interest, pursuant to the order of this Court and as per the instructions of the Government dated 25.01.2008. Therefore, what remains to be done is grant of higher grade scale which is not done by the Authorities and which is the subject matter of the grievance voiced in these petitions.