1. The petitioner-Hansaben K. Parvadia has preferred the petition for the modification in the order passed by the Tribunal in Application No.67 of 2012, whereby the arrears was ordered to be paid from 15.07.2007, instead of from the date of her eligibility i.e. 14.02.2000 of second higher pay- scale, whereas, the Corporation has filed the petition to quash and set aside the impugned order of the Tribunal.
2. Learned counsel for the Corporation has contended that the school, where the original applicant- teacher was serving, is run by the State Government, therefore, State Government has to approve the pay-scale and other benefits.
3. The Tribunal, while considering the case of the original applicant-teacher observed that it is not in dispute that original applicant was appointed as teacher on 17.08.1978 and first higher pay-scale was granted to her on 14.02.1989. The Tribunal has also observed that as per GR dated 16.08.1994, the original claimant is entitled for second higher pay-scale on 14.02.2000 and accordingly, the pay fixation has been made by the DEO on 08.08.2005 and the same has been approved by the Local Fund. In that view of the matter, the Tribunal has ordered to grant the second higher pay-scale from 14.02.2000 alongwith consequential benefits including pension.
4. It is pertinent to note that the Tribunal has while passing the order has rightly taken into consideration the fact that the second higher pay-scale was due to the original applicant in the year 2000. Further it is required to be noted that fixation of the second higher pay-scale has been made on 08.08.2005. However, the original applicant has filed the application before the Tribunal on 15.07.2010 in respect of the same. Thus, the Tribunal after considering the delay in making application by the original applicant has rightly granted the arrears from 15.07.2007. Further it is required to be noted that the demand of the original applicant was legitimate, however, on account of delay in pursuing the demand, the Tribunal has rightly granted the arrears from 15.07.2007 i.e. before three years of filing of the application.
5. In that view of the matter, the order passed by the Tribunal is just, proper and correct. There is no illegality, much less any perversity in the findings recorded by the Tribunal. The Tribunal has rightly considered the facts and circumstance of the case and evidence on record and thus, no interference is called for. It is however clarified that the limitation period as prescribed by the Tribunal for the payment of arrears will commence from the date of this order i.e.90 days from today.
..mitesh..
[K.S.JHAVERI, J.]