Gujarat High Court

Kheda-Anand Retired Primary Teachers ... vs State Of Gujarat on 13 September, 2024

Author: Vaibhavi D. Nanavati

Bench: Vaibhavi D. Nanavati

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                            C/SCA/12651/2018                                  ORDER DATED: 13/09/2024

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                              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                R/SPECIAL CIVIL APPLICATION NO. 12651 of 2018
                      ===================================================
                        KHEDA-ANAND RETIRED PRIMARY TEACHERS ASSOCIATION
                                                  Versus
                                        STATE OF GUJARAT & ORS.
                      ===================================================
                      Appearance:
                      MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1
                      MS. NIDHI VYAS, AGP for the Respondent(s) No. 1,2,3,4
                      MR. RAJESH CHAUHAN for MR HS MUNSHAW(495) for the
                      Respondent(s) No. 5,6
                      ===================================================

                       CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                                        Date : 13/09/2024

                                                           ORAL ORDER

1. Heard Mr. A.S. Asthavadi, learned advocate appearing

for the petitioner, Ms. Nidhi Vyas, learned Assistant Government

Pleader appearing for the respondent - State and Mr. Rajesh

Chauhan for Mr. H.S. Munshaw, learned advocate appearing for

the respondent nos. 5 and 6.

2. By way of the present Petition, petitioner herein has

prayed for the following reliefs:

"(A) YOUR LORDSHIPS may be pleased to issue a writ of

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mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to immediately pay Arrears of leave encashment salary and arrears of Gratuity to the members of the petitioner association with 10% interest as per the direction issued by this Hon'ble Court in order dated 30.01.2013 passed in Special Civil Application No. 10142 of 2009 and allied matters forthwith;

(B) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondent authorities to immediately pay Arrears of leave encashment salary and arrears of Gratuity to the members of the petitioner association with 10% interest as per the direction issued by this Hon'ble Court in order dated 30.01.2013 passed in Special Civil Application No. 10142 of 2009 and allied matters forthwith.

(C) Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case."

3. Mr. A.S. Asthavadi, learned advocate appearing for

the petitioner submitted that the petitioner is an Association of

the retired Primary Teachers. Mr. Asthavadi, learned advocate

has placed reliance on the order passed in Special Civil

Application No.10142 of 2009 and connected matters vide order

dated 30.01.2013 and placing reliance on the same, it is

submitted that the directions issued in Para-13 to 15, are issued

in rem.

4. It is submitted that the aforesaid was the subject

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matter of Appeal being Letters Patent Appeal No. 570 of 2014,

which was filed by the respondent - State, came to be dismissed,

by order dated 05.05.2014, whereby, the order passed in Special

Civil Application No.10142 of 2009 came to be confirmed.

5. It is submitted that, members of the petitioner

Association are identically placed and seeking the same relief. It

is further submitted that, pursuant thereto, the respondent

Government, also came out with the government resolution dated

08.10.2014 which is duly produced at Annexure-D, Pg.47,

wherein, it was resolved as under:

"Resolution

After due consideration, it is resolved that order dated 30/01/2013 of the Honorable Gujarat High Court is to be implemented. In this regard, as per the details provided by Director of Primary education, in accordance with Higher Pay Scale, 11920 District Education Committee/ City Primary Teachers are to be paid the difference amount with interest. In which approximately 107 Crore rupees might be spent, And, according to the judgement dated 30/01/2013 of the Honorable High Court, an order is passed to pay petition cost to 84 petitioners at Rs. 5,000/- per petitioner, for which cost of Rs. 4,20,000/- will be incurred.

In accordance with the above mentioned oral order and judgments of the Honorable High Court, permission to pay approximately Rs. 107 crore to primary teachers in accordance with higher pay scale and Rs. 4,20,000/- as petition cost to 84 petitioners is granted. Under this permission, maintenance grant for primary education for year 2014-15 shall be spent from the

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budgetary provision of the same.

This order is pronounced in view of the consent of Finance Department obtained vide note dated 30-09-2014 and the consent of the Honorable Minister obtained vide note dated 1/10/2014 on the file of even number of the department."

6. In the course of hearing, Mr. A.S. Asthavadi, learned

advocate appearing for the petitioner submitted that the

respondent authority, i.e. the respondent no.3 herein has also

addressed a communication on 29.05.2014, which is duly

produced at Page-51 and submitted that appropriate directions be

issued upon the respondent authority to implement the same in

terms of the government resolution dated 08.10.2014 and prayers

as prayed for in the present Petition be allowed.

7. Mr. Rajesh Chauhan for Mr. H.S. Munshaw, learned

advocate appearing for the respondent nos. 5 and 6 submitted

that appropriate communications were addressed to the

respondent no.3 herein, which are duly produced alongwith the

affidavit in reply filed by the respondent nos.5 and 6. Mr.

Chauhan, learned advocate placed reliance on the affidavit in

reply filed on behalf of the respondent nos. 5 and 6.

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8. Placing reliance on para-3 of the affidavit-in-reply,

submitted that differential amount of gratuity is to be paid by

the Director of Pension and Provident Fund. The same would be

paid by the respondent nos.5 and 6 on release of amount by the

respondent nos.1 to 3. It is submitted that, similarly, the benefits

of the differential amount of leave encashment as well as the

interest thereon are to be paid by the respondent no.5 on

approval from the respondent nos.1 to 3 and release of grant by

the said authority. It is submitted that the respondent no.5 herein

has accordingly addressed a communication to the respondent

no.3 on 03.09.2024, the same is duly produced at page-57.

9. Ms. Nidhi Vyas, learned Assistant Government Pleader

appearing for the respondent - State submits that the said

proposal is pending for the decision to be taken by the

respondent no.3 and the same would be taken, as expeditiously

as possible.

10.1. At this stage, it is apposite to refer to the order

passed in Special Civil Application No.10142 of 2009 and

connected matters, vide order dated 30.01.2013, relevant paras-13

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to 15 reads thus:

"13. Before parting it also needs to be observed that, in the judgment recorded by this Court dated 4.8.2006 in Special Civil Application No. 8828/1995 and Special Civil Application No. 8829 of 1995, which were filed by the Pensioners' Association, it was directed that the case of each individual employee shall be looked into by the authorities and appropriate decision shall be taken and communicated to the concerned teachers or their heirs. The same is not done. Even in the contempt proceedings referred above, time was prayed for by the State authorities mainly on the ground that there are about 9000 to 10000 such cases and therefore some time is required, which was stipulated to be 31.1.2008 and inspite of that, not only nothing, in consonance with the above orders, is done by the authorities, on the contrary, fresh round of avoidable litigation is thrust upon senior citizens and the same is sought to be contested without filing affidavitin-reply, inspite of directions of this Court. Therefore, it is directed that, no similarly situated employees should be made to approach this Court and Principal Secretary, Education Department shall do needful in that regard.

14. Learned advocates for the District Primary Education Officers have taken the stand to contest these petitions. Learned advocates for the petitioners have raised serious grievance against such a stand of the field officers. There is some substance in the grievance of the petitioners in this regard, however, when this Court has found that this is the Directorate of Primary Education who is the Head of Department of these field officers, has taken such an adamant, illegal and even contemptuous stand, to make any observation against field officers, would be less justified. The stand of Director of Primary Education on the face of various orders of this Court which are referred above, is worth initiating contempt proceedings against him. However, it is left to the Government in Education Department to look into the matter with due seriousness and do needful against erring officers. For the present, by awarding cost to the tune of Rs. 5000/- payable to each petitioner, the matter is left there.

15. For the reasons recorded above, this court arrives at the judgment and passes the order, as under :

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i) Inspite of more than one judgments of this Court against the respondent authorities, the denial of benefit of higher grade scale to the petitioners as claimed by them and similarly situated persons, is held to be illegal, arbitrary and lacking bonafide on the part of respondent authorities, more particularly, Director of Primary Education, Gujarat State.

ii) The petitioners shall be paid all the three higher grade scales as per Government Resolution dated 5.7.1991, over and above selection grade availed by them which was prior to 26.12.1985, as held by this Court in Letters Patent Appeal No. 1073/2004 and cognate matters vide judgment dated 14.10.2004.

iii) The retirement dues of the petitioners shall also be recalculated accordingly.

iv) Arrears of difference of pay as well as retirement dues shall be calculated and paid within a period of four months from today. v) The petitioners shall also be entitled to interest from 1.1.1995 till 31.1.2013 on the above amount, at the rate of 10% per annum, which shall also be paid along with arrears, as directed above.

vi) While implementing these directions, it shall also be kept in view that the petitioners of Special Civil Applications No.10878 of 2008, 11380 of 2008 and 11160 of 2008, had availed one promotion on the post of Education Inspector and therefore, they will be entitled to only remaining two higher grade scales and qua them, the directions shall be implemented accordingly.

vii) For the reasons recorded in paras-8.5, 9.2, 9.3 and 10 to 14, more particularly para 12 of this judgment, each petitioners shall be paid cost of Rs. 5000/- by the Director of Primary Education, Gujarat State, which shall be paid within a period of three months from today. It would be open to the State authorities to recover this amount from erring officer(s), in accordance with law.

viii) The Principal Secretary, Education Department is further directed to carry out the directions contained in para 13 of this judgment within a period of three months from today.

Petitions stand allowed. Rule made absolute with costs as directed above."

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10.2. The aforesaid order passed in group of matters was

the subject matter of challenge before the Hon'ble Division Bench

by the State Government being Letters Patent Appeal No. 570 of

2014, the same has been dismissed vide order dated 05.05.2014.

10.3. In the meanwhile, the aforesaid group of petitions

were the subject matter of contempt being Misc. Civil Application

(for contempt) No. 2579 of 2013 vide order dated 17.02.2024,

wherein, relevant paras-9 to 11 reads thus:

"9.00. The concerned respondents are directed to act accordingly and see to it that the respective applicants - original petitioners and all similarly situated employees shall be paid arrears on the basis of re-fixation of their pensionery / retirement benefits within a period of two months from today as stated hereinabove.

10.00. The Director of Primary Education, who is personally present is the Court is directed to see that the aforesaid directions are complied with by the concerned authorities and actual payment of arrears be made to the concerned employees within the stipulated time stated hereinabove.

11.00. Considering the fact that the judgement and orders passed by the learned Single Judge have been complied with now though belatedly and therefore, the contempt has been purged and it appears that as such there was no malafide intention on the part of any of the respondent authorities in not complying with the directions issued by the learned Single Judge in the aforesaid judgement and orders, we accept the unconditional apology tendered by the concerned respondents, recorded hereinabove and close the proceedings, however, with an observation that the concerned respondents may take care in future and as and when any order is passed by any Court, the

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same shall be complied with immediately and within the stipulated time fixed by the Court, unless any contrary order passed by the higher court / forum. Any further such default and/or inaction in future shall be viewed very seriously."

10.4. In view of aforesaid, the said order passed in

the aforesaid group of Special Civil Applications has attained

finality and pursuant to the same, the government resolution

dated 08.10.2014 has been passed, as referred above.

11. Having heard the learned advocates appearing for the

respective parties, it is not in dispute that the petitioner is an

Association of the retired Primary Teachers, wherein, by way of

the present petition, the petitioner herein are seeking payment of

pay arrears of leave encashment salary and arrears of gratuity to

the members of the petitioner Association with 10% interest, in

accordance with the directions issued in Special Civil Application

No. 10142 of 2009 by order dated 30.01.2013.