GOSWAMI CHANDANGIRI AMRUTGIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petitions, under Article 226 of the Constitution of India, have been filed challenging the legality and validity of an action of respondent authorities in not considering the grievance of respective petitioners with regard to continuity of service and pay protection in essence. Since common question of law and fact are arising in the present petitions, the same are being dealt with and dispose of by present common judgment and order by treating Special Civil Application No.7366 of 2014 as a lead matter as per the request of learned advocates.

(2.) So far as the petition being Special Civil Application No.7366 of 2014 is concerned, the facts leading to the rise of petitioner of this petition was born on 15.11.1975 and belongs to SEBC category and has passed B.Sc., B.Ed. and M.Sc. examination. He has also passed the Head Teacher Aptitude Test (H-TAT) and petitioner is eligible and qualified to be appointed as Teacher in secondary / higher secondary schools and as a Head Teacher (Class-III) in the primary school under the respondents.

(3.) Similar is the case with respect to petitioners of Special Civil Application No.10904 of 2016 wherein also the petitioners were appointed as per Government policy on a fixed pay basis for a period of five years and after completion of five years' period, the petitioners of this petition have been placed in the pay-scale of Rs.5000-8000/- which was payable to the secondary / higher secondary teachers at the relevant point of time. Pursuant to the adaptation of 6th Central Pay Commissioner vide Government Resolution dated 12.02.2009 the petitioners were placed in a revised scale in the pay band of Rs.9300-34800 (PB-II) with gradepay of Rs.4200/- . The petitioners were selected and appointed pursuant to the aforesaid advertisement as a Head Teacher in various Government schools in the State of Gujarat on the different dates between 24.08.2012 to 29.12.2015 and on being appointed the pay of the petitioners came to be fixed at the minimum in the pay-band of Rs.9300-34800 with grade-pay of Rs.4200/- and in the similar way of earlier petitioner, as mentioned above, the petitioners are fixed in the same pay band vide impugned communication in such a manner that petitioners will have a loss of Rs.5000/- approximately per month. An example was given that petitioner no.2 of this petition, who was appointed as Head Teacher on 06.04.2015 and his basic pay came to be fixed at Rs.9300/- in the pay-band of Rs.34800/- with grade-pay of Rs.4200/- and as such they have suffered a loss of pay to the tune of Rs.42743/- by petitioner no.1 whereas Rs.41538/- by petitioner no.2 till May, 2016 and, therefore being aggrieved by the action of not granting pay protection and continuity of service to the petitioners, though there is no break, the petitioners were constrained to approach this Court with almost similar relief as that of earlier petition.