H H KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners in this petition have prayed for an appropriate writ, direction or order declaring Government Resolution dated 25th September, 1987 as discriminatory, arbitrary, irrational and violative of Articles 14 and 19 of the Constitution of India. The petitioners have also prayed for an appropriate direction or order quashing and setting aside the judgment and order of the Gujarat Primary Education Tribunal, at Ahmedabad, passed in Applications Nos. 14 to 23, 187, 190, 191, 192 of 1988, granting benefit of the said resolution in respect of original applicants before it, who are arraigned as respondent Nos. 3 to 16 in this petition with effect from 22nd May, 1986.

(2.) LEARNED Advocate, Mr. P. M. Thakkar, appearing on behalf of the petitioners has drawn the attention of this Court to a judgment of this Court passed in Special Civil Application No. 4322 of 1990 and other allied matters, passed on the basis of a decision of this Court in Swaminarayan Education Trust v. State of Gujarat, reported in 1993 (2) GLR 1713. In the said decision in respect of Swaminarayan Education Trust, the validity of G. R. dated 25th September, 1987 has been upheld by the Division Bench and, as such, the reliefs sought against the said G. R. cannot be granted. However, in light of what is observed in the said judgment, the direction by the Tribunal granting benefit of the resolution retrospectively from 22nd May, 1986 cannot be upheld. The petition, therefore, deserves to be allowed in part. The prayer in paragraph 31 (A) is turned down. However, the impugned judgment and order passed by the Gujarat Primary Education Tribunal on 2nd March, 1990 in Applications No. 14 to 23, 187, 190, 191, 192 of 1988 is hereby modified to the extent that the direction given by the Tribunal awarding difference in salary for the period commencing from 22nd May, 1986 to 24th September, 1987 is hereby set aside and rest of the judgment of the Tribunal is confirmed. Rule is made absolute to the aforesaid extent. No order as to costs.