AHMEDABAD MUNICIPAL SHIKSHAK PENSIONER MANDAL Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) PRESENT Special Civil Application has been filed under Article 226 of the Constitution of India by the petitioners -Ahmedabad Municipal Shikshak Pensioner Mandal an Association of the retired Primary School Teachers of the Ahmedabad Municipal Board for and on behalf of the retired Primary School Teachers of the Ahmedabad Municipal Board who have retired between 01.06.1987 and 31.07.1994, for an appropriate Writ, Direction and/or Order directing the respondents more particularly respondent No.1 Administrative Officer of the Municipal School Board, Ahmedabad Municipal Corporation to complete the exercise of revision of pay and pension of retired primary teachers of the Ahmedabad Municipal School Board who have retired between 01.06.1987 to 31.07.1994 as per Government Resolution dated 05.07.1991 as expeditiously as possible. It is also further prayed for an appropriate direction directing respondent no.1 to make payment of arrears of difference of salaries and pensionary benefits pursuant to the revision of pay and pension as per GR dated 05.07.1991.

(2.) AT the outset it is required to be noted that at the relevant time it was the contention on behalf of respondent no.1 and Ahmedabad Municipal Corporation that considering financial condition it is not possible for the Corporation to make payment of arrears. However considering the fact that they are getting grant from the State Government to the extent of 80%, by interim order dated 15.07.1998, learned Single Judge of this Court passed the following order :

(3.) SHRI KB Pujara, learned Advocate appearing on behalf of the petitioners has heavily relied upon following unreported decision of this Court: