(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. In all the petitions, the basis is order dated 22.7.2011 passed by this Court in Special Civil Application No.9070 of 2011 to Special Civil Application No.9075 of 2011, whereby the direction is given to consider the case of the petitioners since it was found by the Court that their cases are covered by the decision of this Court in the case of Nirupama J. Vadalia.
2. Pursuant to the notice issued by this Court, learned Assistant Government Pleader Ms. Thakkar places on record order dated 22.5.2012 passed by the competent authority fixing the pay scale and pension accordingly. She further states that payment has also been accordingly made. Whereas, learned counsel appearing for the petitioners Ms. Vinita Vinayak for Mrs. Pahwa states that pension fixed will have to be revised as per the revision subsequently in respect of the pay scale of the Assistant Teachers. Learned Assistant Government Pleader states under the instructions of Shri B.B. Rathod, District Education Officer, who is present in the Court, that appropriate revision shall also be made in pension fixed within a period of four weeks and arrears shall be paid within two weeks thereafter.
3. We find that if the aforesaid declaration is complied with, no cause of the petitioners would survive. Hence, we direct the respondents to revise the pension as per the declaration made before this Court and disburse the arrears also. Hence, the present proceedings are not required to be continued further. Disposed of accordingly. Notice is discharged. Liberty to apply in case of difficulty.
(JAYANT PATEL, J.) (C.L.
SONI, J.) omkar Top