(1.) Admit. Shri D.M.Thakkar, learned counsel waives service on behalf of the respondents in Letters Patent Appeal and Civil Applications respectively.
(2.) This group of six Appeals [ LPA Nos.839 of 2003 to No.844 of 2003, along with Civil Applications viz. [C.A.Nos.4925, 4927, 4945, 4914, 4940 and 4943 of 2003] is proposed to be decided by this judgment since very common question runs through all; however, before dealing with the question, narration of some facts may be necessary. The petitioners are teachers in the Higher-Secondary Schools appointed after 1.7.1979. They claim pay scale of Rs.550-900 from the date of their appointment in the Higher Secondary School after new pattern of Education [ 10 + 2 + 3 ] was started in the State of Gujarat by Government Resolution dated October 28, 1975. The minimum qualification for teachers in the higher secondary schools is "Trained teachers having Second Class Master's Degree in respective subject or Trained Graduate teachers who have experience of teaching concerned subject for about 7 years in Stds. X & XI shall be eligible to teach in the High Secondary Classes". Petitioners did not possess these qualifications at the time of their appointments however, they acquired the qualifications after 1.7.1979. View taken by the opponents is that petitioners should be entitled to salary in the pay scale of Rs.550-900 from the date of acquiring higher qualification or experience as provided in Government Resolution dated 28.10.1975. Those higher secondary teachers who were qualified, were granted pay scale of Ra.550-900 from the date of their appointment and those who were not qualified, they were granted pay scale of Rs.440-750. Since petitioners acquired the qualification subsequently, whether they can be granted pay scale of Rs.550-900 from the date of acquiring the qualification or from the date of appointment. The dispute was examined by the learned Single Judge through impugned judgment.
(3.) Ultimately, it is held that "for the aforesaid reasons, the petitions succeed and the impugned order dated 9.1.2002 at Annexure "G" to the petition is hereby quashed and set aside. The respondents are directed to grant the petitioners the benefit of pay fixation in the scale of Rs.550-900 with effect from the date of their appointment [which is admittedly after 1.7.1979 in all cases covered by this judgment] till 31.12.1985 and thereafter in the corresponding revised pay scale of Rs.1640-2900 as on 1.1.1986.