SAVDAS BHOVAN JULASANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In special civil application No. 4639 of 1982 notice was ordered to be issued on 1-11-1982 and ad interim relief in terms of para 13(D) was granted. Para 13(D) read as under:

(2.) As challenge to the impugned order in both the writ petitions has been made on common grounds, these two writ petitions are being disposed of by this common order.

(3.) All the petitioners are holding the post of Primary School music teacher and they are working at different primary schools run by Junagadh District Panchayat. In the category of music teachers, teaching of music, Hindi, craft, drawing, etc., are included. The Government, in exercise of its statutory powers conferred by sub-section (3) of section 20 of the Bombay Primary Education Act, 1947 has fixed the pay-scale for Primary Teachers of Taluka or District Panchayats and Municipal School Boards with effect from 1-11-1972, and 1st January 1973 so far as the District School Board, Gandhinagar is concerned. The pay-scale of Rs. 135-250 was prescribed for primary school music teacher. The said pay-scale stood revised to Rs. 290-560 with effect from 1-1- 1973. By Government Resolution dated 24th September, 1979 clarification was made that music teachers with qualification of Sangeet Visharat and Sangeet Siksha Visharat would be entitled to pay-scale of Rs. 440-640. This pay-scale has been prescribed for the music teachers with the aforesaid qualification with effect from 1-1-1973. As the petitioners were possessing the aforesaid qualifications, they were ordered to be placed in the pay-scale of Rs. 440-640 with effect from 1-1-1973 or with effect from the date of appointment, as the case may be. The Director of Education (Primary and Adult Education), vide his order dated 1st October, 1982, while deciding the case of a teacher other than the petitioners, has ordered that music teachers working at the primary schools under Junagadh District Panchayat have wrongly been given the pay-scale of Rs. 440-640 in pursuance of the Government Resolution dated 24th September, 1979. The Administrative Officer of the District Panchayat, Junagadh, has passed order dated 14-10-1982 cancelling the order sanctioning the pay-scale of Rs. 440-640 to the petitioners and has directed the Taluka Panchayat to reduce the pay-scale of the petitioners from Rs. 440-640 to Rs. 290-560 and to recover the excess amount paid to the petitioners. These two orders have been challenged by the petitioners in these writ petitions.