SEJALBEN J SONI Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner who is a tutor in Economics in respondent No. 3-College, has a grievance regarding her pay fixation as on 5.4.1989, the date of her reinstatement, in the pay scale of Rs. 2200-4000 as per Mehrotra Pay Commission, with the next date of increment as 8.7.1989 and the previous date of increment as 8.7.1988.

(2.) The Government Resolution'("GR" for brevity) dated 14th September, 1988 gave effect to the revision of pay scales on the recommendations of Mehrotra Commission. The scheme envisaged in Appendix-I to the GR applies to teachers in all affiliated colleges and the revised scales were effective from 1.1.1986. Para 7 deals with revision pay scale of lecturer to Rs. 2200-4000. Para 25 deals with fixation of pay. Para 27 deals with exercise of option, which is relevant provision for our purpose. It gives option to come to the revised pay scale with effect from 1.1.1986 or later date chosen by them. Para 27 reads as follows :

(3.) The petitioner's services were terminated by the college management in 1976. That termination was challenged before the Gujarat Affiliated College Service Tribunal ("the Tribunal" for brevity) and the Tribunal had by its order dated 19th August, 1982 set aside the order of termination. The college management had preferred Special Civil Application No. 3852 of 1982. The petitioner too had filed Special Civil Application No. 6472 of 1988. Both the petitions were heard together and were disposed of by a common judgment dated 4.4.1989, Annexure 'A' to the petition, directing the respondent college to reinstate the petitioner with full back wages and with continuity of service.