Gujarat High Court
District Primary Education ... vs Bhalerao Jitendrakumar Sahebrao on 28 January, 2021
Bench: Ashutosh J. Shastri
C/LPA/630/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 630 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 20881 of 2015
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 630 of 2020
With
R/LETTERS PATENT APPEAL NO. 631 of 2020
In SPECIAL CIVIL APPLICATION NO. 20874 of 2015
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 631 of 2020
In SPECIAL CIVIL APPLICATION NO. 20874 of 2015
With
R/LETTERS PATENT APPEAL NO. 632 of 2020
In SPECIAL CIVIL APPLICATION NO. 20873 of 2015
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 632 of 2020
In SPECIAL CIVIL APPLICATION NO. 20873 of 2015
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DISTRICT PRIMARY EDUCATION COMMITTEE
Versus
BHALERAO JITENDRAKUMAR SAHEBRAO
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1,2
for the Respondent(s) No. 11,14,18
MS VRUNDA SHAH, AGP for the Respondent(s) No. 19, 20
MS HARSHAL N PANDYA(3141) for the Respondent(s) No.
1,10,12,13,15,16,17,2,3,4,5,6,7,8,9
==========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 28/01/2021
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
C/LPA/630/2020 ORDER
1 We have heard Mr. H.S.Munshaw, learned counsel
for the appellant, Ms. Harshal Pandya, learned counsel
for the private respondents and Ms. Vrunda Shah,
learned Assistant Government Pleader for the State
respondents.
2 The private respondents in the present appeals had
preferred Special Civil Applications praying for the
following reliefs:
"(A) declare and hold that the action of the
respondent authorities in not extending the benefit
of appointment / absorption in regular pay scale
after completion of two years of service in favour of
petitioners as has been extended to other similar
Vidhyasahayaks as illegal, arbitrary and
discriminatory, and
(B) further be pleased to direct the respondent
authorities to appoint / absorb the petitioners in
regular pay scale of Rs.5200-20200 from the date of
their completion of two years service with all other
consequential benefits including revision or pay
scales and pay arrears thereof, and
(C) award the cost of the petition, and
(D) pending admission and final disposal of this
petition, the Honourable Court may be direct the
respondent authorities to consider the case of
petitioners for absorption / appointment in the
regular pay scale from the date of their completion
of two years of service and/or
(E) grant any other relief or pass any other order
which the Honourable Court may consider as just
C/LPA/630/2020 ORDER
and proper in the facts and circumstances of the
case".
3 The learned Single Judge allowed the writ petitions
following an earlier judgment dated 16.10.2019 passed in
Special Civil Application No.20873 of 2015. The relief
granted was in terms of the prayer made.
4 In brief the original petitioners were appointed as
Vidhya Sahayaks in the year 2010 with the condition that
their appointment would be on fixed pay for a period of 2
years and thereafter upon vacancies arising on account of
retirement they would be given regular pay scale and
their services would stand regularised. When despite of
vacancies existing and period of 2 years having crossed,
the respondent - Primary Education Committee was not
awarding them the regular pay scale and regularizing
their services, they approached this Court. The relief has
been granted to the extent that they should be absorbed
and given regular pay scale upon completion of 2 years of
service.
5 Mr. Munshaw, learned counsel for the appellant
made two submissions. Firstly that the National Council
for Teachers Education had come up with a policy in later
part of 2010 and pursuant thereto the Government of
Gujarat has issued Government Resolution in the year
2011 that the initial appointment of the teachers should
be on contractual basis for 5 years and only thereafter
their case should be considered for regular pay scale. As
such the claim of the petitioners was not justified and the
learned Single Judge committed error in granting the
C/LPA/630/2020 ORDER
relief. Mr Munshaw, in the alternative, submitted that in
case the Court does not accept his first submission, at
least the Court may consider that as per the terms of
appointment of the writ petitioners, they should be given
the regular pay scale only upon vacancies occurring upon
retirement from the date of such vacancy arising and not
in a straight manner upon completing 2 years of service.
6 We had required Mr. Munshaw to provide the details
of the vacancies which have arisen from 2012 onwards on
account of retirement of teachers which he has provided
along with affidavit of the appellant filed at page 94.
Along with it he annexed the chart at page 98 in Letters
Patent Appeal No.630 of 2020.
7 The first submission made by Mr. Munshaw does not
merit consideration inasmuch as the policy of the NCTE
and the subsequent Government Resolution of the State
Government were issued after the writ petitioners had
been appointed and as such would not have any effect on
the terms and conditions of the appointment of the writ
petitioners. Coming to the second alternative submission
of Mr. Munshaw, apparently Ms. Pandya can have no
objection that their absorption and regular pay scale
would arise only upon vacancies being available upon
retirement, however, from the date the vacancies
available they would be entitled to the regular pay scale.
8 Thus, to the limited extent, without interfering with
the judgment of the learned Single Judge we only clarify
that the absorption and regular pay scale to be awarded
C/LPA/630/2020 ORDER
to the writ petitioners from the date the vacancies
available irrespective of the fact that they have completed
more than 2 years of service and not from immediately
completing 2 years of service.
9 With the aforesaid, the appeals stand disposed of.
Connected Civil Applications also stand disposed of.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
P. SUBRAHMANYAM
