Case Note & Summary
The petitioner, Lalabhai Khanabhai Parmar, a retired primary teacher, filed a petition under Article 226 of the Constitution of India before the Gujarat High Court seeking quashing of a communication dated 04/07/2018 issued by the District Primary Education Officer, Banaskantha, and directions to grant him First Higher Grade Pay Scale w.e.f. 1/6/1987 and Second Higher Grade Pay Scale w.e.f. 1/6/1998 as per Government Resolution dated 16/8/1994. He also sought counting of 60% of his service as an untrained teacher from 23/07/1962 to 30/04/1970 as per Government Circular dated 29/4/1992, and recalculation of retirement dues with interest. The respondents opposed the petition, arguing that the petitioner was not entitled to the benefits due to delays and lack of eligibility. The court, after hearing arguments, held that the petitioner was entitled to the higher grade pay scales from the dates claimed and directed the respondents to grant the benefits, count 60% of untrained service, recalculate retirement dues, and pay arrears with interest at 6% per annum within three months.
Headnote
A) Service Law - Assured Career Progression - Higher Grade Pay Scale - Entitlement to First and Second Higher Grade Pay Scales - Petitioner, a primary teacher, sought grant of First Higher Grade Pay Scale w.e.f. 1/6/1987 and Second Higher Grade Pay Scale w.e.f. 1/6/1998 as per Government Resolution dated 16/8/1994 - Court held that the petitioner is entitled to the benefits as per the resolution and directed the respondents to grant the same with consequential benefits and interest at 6% per annum (Paras 1-21). B) Service Law - Counting of Service - Untrained Teacher Period - Benefit of 60% of untrained teacher's service as per Government Circular dated 29/4/1992 - Petitioner served as an untrained teacher from 23/07/1962 to 30/04/1970 - Court directed that 60% of this period be counted for service benefits as per the circular (Paras 1-21). C) Service Law - Retirement Dues - Recalculation - Petitioner sought recalculation of retirement dues after grant of higher grade pay scales - Court directed respondents to recalculate retirement dues and pay arrears with interest at 6% per annum (Paras 1-21).
Issue of Consideration
Whether the petitioner is entitled to First Higher Grade Pay Scale w.e.f. 1/6/1987 and Second Higher Grade Pay Scale w.e.f. 1/6/1998, and whether the period of service as an untrained teacher should be counted for service benefits.
Final Decision
The petition is allowed. The impugned communication dated 04/07/2018 is quashed and set aside. The respondents are directed to grant the petitioner First Higher Grade Pay Scale w.e.f. 1/6/1987 and Second Higher Grade Pay Scale w.e.f. 1/6/1998, count 60% of his untrained teacher service, recalculate retirement dues, and pay arrears with interest at 6% per annum within three months.
Law Points
- Assured Career Progression Scheme
- Higher Grade Pay Scale
- Service Benefits
- Untrained Teacher Service Period
- Government Resolution dated 16/8/1994
- Government Circular dated 29/4/1992
- Article 226 of the Constitution of India
