Gujarat High Court
State Of Gujarat vs Amratbhai Vaghabhai Desai on 17 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/LPA/582/2025 ORDER DATED: 17/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 582 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 3068 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 582 of 2025
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STATE OF GUJARAT & ANR.
Versus
AMRATBHAI VAGHABHAI DESAI & ORS.
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Appearance:
MS NIRALI SARDA, AGP for the Appellant(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 47
MR MB PARIKH(576) for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 17/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The learned advocates appearing for the
respective parties are ad idem that the appeal
may be disposed of in terms of the order dated
27.03.2025 passed in Letters Patent Appeal No.423
of 2025 and allied matters. The said order is
incorporated hereinunder:
"1. At the out-set, learned AGP under the
instructions has pointed-out that the only issue
which requires to be examined in the present group of
Letters Patent Appeals is conferring the benefits as
directed by the learned Single Judge restricting the
claim of the respondents - employees for a period of
three years from the date of filing the writ
NEUTRAL CITATION
C/LPA/582/2025 ORDER DATED: 17/04/2025
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petition. She has submitted that all the respondents
were fence-sitters and hence the benefits may be
restricted. However, pursuant to the order dated 20th
March, 2025 she has obtained the instructions and has
submitted that the appellant State authority has
admitted that the orders/Government Resolutions which
are referred in the order dated 20th March, 2025
where the entire arrears have been extended to the
similarly situated employees of the other departments
by implementing the directions issued by this Court
for grant of higher pay scale of Rs.5000-8000 (pre-
revised).
2. The order dated 20th March, 2025 reads as under :-
"1. Draft amendment in Letters Patent Appeal
No.425 of 2025 is allowed in terms of the draft.
The same shall be carried out forthwith.
2. Learned advocate Mr. Dharmesh Shah has given
the compilation to learned AGP with regard to the
entire litigation and conferring of benefits of
arrears of higher pay scale to all the Teachers
in the State of Gujarat. Learned advocate Mr.
Shah has produced the data, and has submitted
that there are in total 1556 petitioners, as per
his information, who are not paid actual benefits
of arrears of higher pay scales as directed by
this Court in various judgments. It is submitted
that there are total 13356 Primary Teachers, who
are paid the benefits of higher pay scale along
with the arrears and only these petitioners are
left out.
3. We have perused that compilation. We have
found that there are various Resolutions passed
by the State Government, the first one is
09.10.2018 giving the actual arrears of higher
pay scale to 169 Primary Teachers of District
Primary Education, Bhavnagar, the Resolution
dated 05.12.2017 passed by the State Government
giving benefits to the Primary Teachers of Rajkot
Primary Education Committee, Resolution dated
08.04.2023 giving such benefits of arrears to the
Teachers of Primary Education Committee,
Ahmedabad, Surat, Rajkot and Jamnagar, order
NEUTRAL CITATION
C/LPA/582/2025 ORDER DATED: 17/04/2025
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dated 20.07.2023 granting actual arrears of
higher pay scale to the Teachers of District
Education Primary Committee, Surat and order
dated 19.09.2024 passed by the District Education
Primary Committee, Ahmedabad giving arrears of
higher pay scale to the Teachers.
4. Thus, looking to the data which is provided
before us, we do not find prima facie at this
stage to disturb the orders passed by the learned
Single Judges granting benefits of arrears of
higher pay scale. In order to maintain
uniformity, the State Government cannot adopt
discriminatory treatment in granting of actual
arrears to the present respondents.
5. Learned AGP shall take instructions in this
regard.
6. The matter is ordered to be listed on
27.03.2025 on top of the Board."
3. Thus, the facts recorded in the order dated 20th
March, 2025 are not in dispute.
4. Thus, the present respondents teachers cannot be
discriminated so far as the grant of arrears is
concerned in order to maintain the uniformity and to
avoid discrimination of grant of arrears after
conferring the pay scale of 5000-8000 (pre-revised),
the respondent State authority is also required to
extend the same treatment to the respondents herein.
5. The present appeals fail and the same are
rejected.
6. In view of the disposal of the Letters Patent
Appeal, connected civil applications stand disposed
of."
NEUTRAL CITATION
C/LPA/582/2025 ORDER DATED: 17/04/2025
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2. Hence, the present appeal is disposed of in
terms of the order dated 27.03.2025 passed in
Letters Patent Appeal No.423 of 2025 and allied
matters. As a sequel, the connected civil
application also stands disposed of.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(GITA GOPI,J)
NVMEWADA/6
