VIPULBHAI HARJIVANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment is allowed as prayed for, which is to be carried out at the earliest. All these petitions are arising for the same issue and, therefore, they all are taken up as connected matters and this common order is passed for all such petitions where similar issues are raised by all the petitioners. In view of such fact, only one set of arguments is advanced by both the sides.

(2.) The sum and substance of all the petitions is to the effect that the State Government has committed grave discrimination amongst teachers appointed by it for primary education; between the teachers who have to teach the subjects of Fine Arts and teachers who have to teach subjects other than subject of Fine Arts. It is undisputed fact that all the petitioners have completed S.S.C. and A.T.D. Examination as well as five years Diploma of Fine Arts and, therefore, for first five years of their service, they were paid fixed salary of only Rs. 4,000/- as per the policy of the State Government. However, after being made regular/permanent, they were put in the pay-scale of Rs. 4,500 - 125 - 7,000/-, which has been revised to Rs. 5,200 - 20,200/- from the year 2007. It is contended that some of the Assistant Teachers of the subject Fine Arts, though they have similar or lesser qualification than present petitioners, their revised pay-scale is Rs. 9,300 - 34,800/- with grade pay of Rs. 4,200/- and, therefore, it amounts to ex-facie discrimination and arbitrariness. The petitioners have referred the table regarding pay-scale at page 20 of the main petition, which categorically shows different pay-scale for different teachers having similar qualification, but with different subjects. At Sr. No. 9 in such table, Fine Arts teachers are getting Rs. 5,000 - 150 - 8,000/- as basic salary, as against teachers like present petitioners at Sr. No. 10, who are getting Rs. 4,500 - 125 - 7,000/- and such scale has been revised to Rs. 9,300 - 34,800/- and Rs. 5,200 - 20,200/- respectively. In view of such fact, all the petitioners have prayed to revise their pay-scale in the grade of Rs. 9300 - 34,800 with grade-pay of Rs. 4,200/-.

(3.) Learned senior counsel Mr. Yatin Oza has vehemently argued the matter and submitted that it only requires admission and then keeping it pending for couple of years, but deserves to be allowed immediately since there is clear discrimination on the part of the respondents in confirming pay to the similarly situated teachers only on the ground that they are teaching different subjects, though there is no such statute or rule confirming that teachers of particular subject would get more salary and teachers of Fine Arts would get less salary. However, considering the roster whereby subject assigned to this Court pursuant to sitting list dated 10.3.2017 read with modification dated 14.3.2017, when matters before this Court are listed for admission only, it would be appropriate for this Court to decide the matter finally unless it is so agreed by both the sides. Therefore, practically, at this stage, this Court has to deal with admission and interim relief only, when respondents have come forward to decide such matter finally at such admission stage. The reservation of the respondents is unwarranted, considering the clear discrimination on the part of the respondents. However, so far as interim relief is concerned, if facts and material available on record is clearly in favour of the petitioners, then, irrespective of technicalities, it would be appropriate to grant interim relief so as to meet the ends of justice.