Gujarat High Court
Botad Nagar Palika vs Malla Hajibhai Satarbhai on 6 February, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1227/2018 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1227 of 2018
In R/SPECIAL CIVIL APPLICATION NO. 1848 of 2012
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
In R/LETTERS PATENT APPEAL NO. 1227 of 2018
With
R/LETTERS PATENT APPEAL NO. 1229 of 2018
In
R/SPECIAL CIVIL APPLICATION NO. 1847 of 2012
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2018 In R/LETTERS PATENT
APPEAL NO. 1229 of 2018
In
R/SPECIAL CIVIL APPLICATION NO. 1847 of 2012
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BOTAD NAGAR PALIKA
Versus
MALLA HAJIBHAI SATARBHAI & ORS.
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Appearance:
MR. NILESH KOYANI, ADV. FOR MR PREMAL R JOSHI(1327) for the
Appellant(s) No. 1
MS. HETAL PATEL, AGP for the Respondent(s) No. 2
MRS YOGINI V PARIKH(2163) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2.1,2.2,3,4,5
Appearance:
MR. NILESH KOYANI, ADV. FOR MR PREMAL R JOSHI(1327) for the
Appellant(s) No. 1
MS. HETAL PATEL, AGP for the Respondent(s) No. 2
MR. K.B. PUJARA for the Respondent No.1.
MRS YOGINI V PARIKH(2163) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2.1,2.2,3,4,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 06/02/2025
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
NEUTRAL CITATION
C/LPA/1227/2018 ORDER DATED: 06/02/2025
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1. Both the appeals have been filed by Botad Nagarpalika
challenging two separate orders of the same date i.e. 9.4.2018
passed by the learned Single Judge. As the controversy in both
the matters is one and the same, the appeals have been heard
together and are being decided by this common order.
2. Having heard learned counsels for the parties and
perused the record, suffice it to note that the reasoning given
in the judgment impugned dated 9.4.2018 passed by the
learned Single Judge that the issue raised in the writ petitions
are covered in the common judgment and order dated
26.9.2017 passed by this Court in Special Civil Application
No. 13687 of 2009 and allied matters, could not be disputed
before us. It is an admitted fact of the matter that the
judgment and order dated 26.9.2017 whereby the
Government Resolution dated 14.6.2005, basis of passing the
order impugned, under challenge before writ Court, has
attained finality.
3. The learned Single Judge records that pursuant to the
Government Resolution dated 14.6.2005, the Nagarpalika
(appellant herein) had re-fixed the pay of the petitioners by
cancelling the higher pay-scale of Rs.5000-8000/-. With the
setting aside of the Government Resolution dated 14.6.2005
by common judgment and order dated 26.9.2017 passed by
this Court in the aforesaid writ petitions, there is no question
of any illegality to the order passed by the learned Single
Judge, wherein it is recorded that respondents are required to
restore the orders granting higher pay-scale of Rs.5000-8000/-
NEUTRAL CITATION
C/LPA/1227/2018 ORDER DATED: 06/02/2025
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to the petitioners and the consequential benefits thereof.
4. Before parting with this order, we may also record that
in another Letters Patent Appeal No1229 of 2018 filed by the
Botad Nagarpalika, the respondent No.1 therein has brought
on record a Government Resolution dated 12.10.2022 with the
affidavit dated 13.8.2024, wherein the State Government has
notified its decision to grant first higher pay-scale of Rs.5000-
8000/- to all the Primary teachers of the Municipal School
Boards (Nagar Prathmik Shikshan Samiti) to bring them at
par with the Primary teachers of other Primary Schools with
effect from 1.1.1996.
5. It is brought on record that the Government Resolution
dated 12.10.2022 provides that the first higher pay-scale of
Rs.5000-8000/- from the date of their entitlement shall be
given to the teachers of the Municipal School Boards. By
Government Resolution dated 12.10.2022, notional benefits of
placing in the first higher pay-scale of Rs.5000-8000/- had
been given to the Municipal School teachers from the date of
their entitlement. However, the said Government Resolution
dated 12.10.2022 had further been challenged by a group of
teachers in Special Civil Application No. 4368 of 2022 and
allied matters which came to be allowed vide judgment and
order dated 20.2.2024. A perusal of the judgment and order
dated 20.2.2024 passed by this Court makes it evident that
the Government Resolution dated 12.10.2022 had been
interfered insofar as it restricts payment of arrears. Directions
has been given that the petitioners therein would be entitled
NEUTRAL CITATION
C/LPA/1227/2018 ORDER DATED: 06/02/2025
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to grant of arrears upon revision as per first higher pay-scale
in the pay-scale of Rs.5000-8000/- from the date of their
entitlement till the date of the Government Resolution.
Further, direction has been given to calculate the arrears and
pay accordingly.
6. It is submitted by Mr. K.B. Pujara, learned advocate
appearing for respondent no. 1 in LPA No. 1229 of 2018 that
the judgment and order dated 20.2.2024 passed by this Court
in Special Civil Application No. 4368 of 2022 with allied
matters has attained finality.
7. Having noticed the above, we do not find it to be fit case
for interference. Both these appeals are, accordingly,
dismissed being devoid of merits. The connected Civil
Applications also stand disposed of, accordingly.
(SUNITA AGARWAL, CJ )
(ANIRUDDHA P. MAYEE, J.)
SAJ GEORGE
