JASHWANTLAL V SHAH Vs. DG SHAH

JUDGEMENT

(1.) THE petitioner, by way of this petition, has prayed to quash and set aside the impugned judgment and order dated 30th November, 1994, passed by the Gujarat Primary Education Tribunal in Application No. 381 of 1993, whereby the said application was rejected.

(2.) THE short facts of the case are that the petitioner was initially appointed as a Teacher in respondent no. 1-school. The petitioner, on completion of his Diploma in Education, was appointed as an Assistant Teacher in the primary section of respondent no. 1-school and was paid the salary of a trained Teacher. On introduction of the Desai Pay Commission, the pay-scale of the rained Teachers was revised. However, the petitioner was not given the benefit of the revised pay-scale by respondent no. 1-school on the ground that the respondent-school was not getting grant towards the same. The said position continued upto June, 1976.

(3.) LEARNED counsel for the petitioner has contended that though the petitioner was possessing the certificate of Diploma in Education and was discharging his duties in primary section as trained Teacher since 15th June, 1967. the respondent-school has not granted the revised pay-scale as per the Desai Pay Commission. He has further submitted that as per the Government Resolution dated 17th July, 1967, the primary Teachers possessing Certificate of Diploma in Education were considered as trained primary Teachers and were given the benefits of Desai Pay Commission. Hence, the Tribunal has committed an error in rejecting the application of the petitioner.