AMBABHAI DUDHABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocate Mr.A.S. Asthavadi appearing on behalf of the petitioners has submitted that the grievance in the writ petition being Special Civil Application No.12021 of 2001 will only survive qua petitioner No.23 as rest of the petitioners are already held to be entitled to the pay-scale in view of the judgment dated 30.01.2013 rendered in Special Civil Application No.10142 of 2009. The judgment dated 15.07.2016 passed in the present writ petition was challenged in Letters Patent Appeals No.127-128 of 2018. By the judgment dated 23.01.2018, the petitions are remanded to the learned Single Judge to consider the issue whether all those petitioners who have retired after 1st August, 1994 shall be entitled to the pay-scale of Rs.2000-3500 as 2nd Higher Pay-Scale and Rs.2200-4000 as 3rd Higher Pay-Scale.

(2.) Learned advocate, Mr.Asthavadi appearing on behalf of the petitioners has submitted that so far as the grievance qua grant of the higher pay-scale to the teachers who have retired prior to 01.08.1994, has been considered in detail in various writ petitions, which are incorporated in the judgment dated 30.01.2013 passed in Special Civil Application No.10142 of 2009. He has submitted that the petitioners who have retired prior to 01.08.1994, have already been conferred the benefits of 2nd higher pay-scale Rs.2000-3500 as well as 3rd higher pay-scale Rs.2200-4000. He has submitted that the State Government has accordingly granted the benefits of 2nd higher pay-scale after completion of 18 years of service of Rs.2000- 3500 instead of Rs.1640-2900. He has submitted that some of the teachers who have completed 27 years of service, have been granted the benefit of 3rd higher pay-scale i.e. Rs.2200-4000 instead of Rs.2000-3500 as per the directions issued by this court in number of petitions. He has thus submitted that the issue involved in the present writ petition is now confined to grant of higher pay-scale to those teachers, who have retired after 01.08.1994.

(3.) Learned advocate for the petitioners has asserted that the petitioners, those who have completed 20 years of service would be entitled to the higher pay-scale of Rs.2000- 3500 instead of Rs.1640-2900 and further entitled to the higher pay-scale of Rs.2200- 4000 on completion of 31 years of service. Learned advocate Mr.Asthavadi has submitted that pursuant to the judgment dated 30.01.2013 passed in Special Civil Application No.10142 of 2009, the petitioners who have retired prior to 01.08.1994 have already granted 2nd higher pay-scale of Rs.2000-3500 after completion of 20 years of service. Learned advocate for the petitioners has invited attention of this court to the Circular dated 16.03.1999, wherein it is specifically held that those teachers who are given benefits of revision of pay-scale 1998 of Rs.4000-6000 i.e. Higher Pay-Scale of Kelavni Nirishak Rs.5000-8000.