PADHERIYA U HARIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners who are holding the post of Physical Training Instructor in the colleges of the Government of Gujarat filed this Special Civil Application and prayer is made for declaration of their entitlement to draw salary and allowance in the Pay Scale of Rs. 700 - 1600 from the date of their appointment and further direction to the respondents to pay arrears of salary to the petitioners accordingly. Another prayer has been made for setting aside the order at Annexure-D dated 4.12.1985 of the Principal of St. Xavier's College, Ahmedabad, under which one petitioner has been informed that he is not entitled for the Pay Scale of Rs.700 - 1600 and the earlier pay scale which was given to him is cancelled and the amount should be recovered.

(2.) Under the Government Resolution dated 19th December, 1983, the pay scale of the post of Physical Training Instructor was revised to Rs. 700 - 1600 w.e.f. 1.4.1980. The earlier existing pay scale of the post of Physical Training Instructor was Rs. 550 - 900 w.e.f. from 1.1.73. So, this resolution was given effect from 1.4.80 though it is of the date of 19th December 1983.

(3.) The learned Counsel for the petitioners contended that the same question has been decided by this Court in Spl. C.A. No. 872 of 1985 on 18th April, 1986. I have gone through the judgment of this Court in the aforesaid Special Civil Application and I find there from that this matter also arising out of the Government Resolution dated 19th December, 1983 though it pertains to the Librarians. From the Resolution, for the entitlement of the pay scale of Rs. 700 - 1600, the Physical Training Instructors who are already in service on or before 1.4.80 have to possess the qualification as given out in Annexure-I to the said resolution and those Physical Training Instructors who have been appointed after the date i.e. 1.4.1980 have to acquire the qualification for the entitlement of pay scale as prescribed in Annexure-II to the resolution. All the petitioners admittedly possessed the qualification as prescribed in Annexure-I to the said Resolution but because of the cut off date of 1.4.1980 they have to acquire qualification as prescribed in Annexure-II to the resolution for the entitlement of the pay scale of Rs. 700 - 1600. This question has been considered by this Court in the aforesaid case and it has been held that those persons who have been appointed before 19th December, 1983 and have the qualifications as prescribed in Annexure-I to the aforesaid Resolution are entitled for the revised pay scale of Rs. 700 - 1600.