STATE OF GUJARAT Vs. BHAGWANBHAI SHANKARBHAI PATEL

JUDGEMENT

(1.) The aforesaid Letters Patent Appeals have been preferred by the State of Gujarat, District Primary Education Officer, Mehsana District Committee and District Panchayat through the District Primary Education Officer, Bharuch, whereby the judgment and order passed in Special Civil Application Nos. 8871 and 8872 of 1999 and 1093 and 10668 of 2000 and 2853, 2865 and 5853 of 2000 on 19-12-2001 as well as the order passed by the learned Single Judge in in Review Petitions dated 24-11-2003 are challenged.

(2.) Learned advocate appearing for the appellants and the applicants of Review Applications mainly submitted that the judgment delivered by the learned Single Judge in the aforesaid petitions on 19-12-2001 was challenged in in L.P.A. wherein the Government Resolution dated 16-10-2003 was pointed out to the Bench of Letters Patent Appeal. As the GR dated 16-10-2003 was not pointed out by the learned advocates for petitioners before the learned Single Judge, earlier Division Bench of Letters Patent Appeal while disposing of those Letters Patent Appeals directed the appellants to prefer Review Applications before the learned Single Judge and therefore Civil Misc. Applications (Review Applications) were preferred before the learned Single Judge and thereafter all Review Applications were dismissed by the learned Single Judge vide order dated 24-11-2003 and therefore aforesaid Letters Patent Appeals have been preferred against both the judgments and orders of the learned Single Judge i.e. against the judgment dated 19-12-2001 as well as against the judgment date 24-11-2003 passed in the writ petitions and Review Applications respectively.

(3.) Main contention raised by the learned advocates appearing on behalf of the appellants in these Letters Patent Appeals, is whether the Primary Teachers who were given Selection Grade were entitled to the benefit of Senior Scale or Higher Grade Scale. It is pointed out by the learned advocate for the appellants that vide Government Resolution dated 5-7-1991 an option was given to the original petitioners to continue in Senior Scale or to opt for grant of Higher Grade Scale as per Clause XV of Government Resolution dated 5-7-1991. Subsequently, it was brought to the notice of the Government of Gujarat that there are certain primary teachers who were given Selection Grade in pursuance of the Notification NO. 16-9-1976 issued u/s 20(3) of the Bombay Primary Education Act. Therefore, the Government of Gujarat issued another clarification / amendments vide Government Resolution dated 16-10-1993 wherein in Clause-VIII clarified that the Selection Grade given to the primary teachers shall also be treated as promotion and therefore the primary teachers who had already obtained Selection Grade shall also be governed by Clause XV of Government Resolution dated 5-7-1991. Therefore, the original petitioners who were getting Selection Grade shall not get benefit of Higher Grade Scale as per Clause XV of Government Resolution dated 5-7-1991. In short, though Clause XV of Government Resolution dated 5-7-1991 uses the words "Senior Scale" only, but now the words "Selection Grade" are included therein, as per the clarificatary/amended Resolution issued by the Government of Gujarat on 16-10-1993. Thus, the petitioners if wanted to get benefit of Higher Grade Scale they will not be entitled to get Senior Scale as well as Selection Grade. This aspect of the matter has also not been appreciated by the learned Single Judge while passing the order dated 19-12-2001 in the aforesaid group of Special Civil Applications as well as the order dated 24-11-2003 passed in the said Review Petitions.