1.0 Rule. Ms. Mandavia, learned advocate and Mr. J.K.Shah, learned Assistant Government Pleader waive service of notice of rule on behalf of the respective respondents.
2.0 By way of present petitions the petitioners prayed for direction to the respondents to complete their entire exercise of revision of pay and pensionary benefits of the petitioners as per G. R. dated 05.07.1991 read with G.R. Dated 16.08.1994. The petitioners also prayed for directions to the respondents to forthwith pay to the petitioners the arrears of the amount becoming due and payable to the petitioners pursuant to the revision of their pay and pensionary benefits as aforesaid, within six weeks, together with interest thereon @ 18% per annum from the date on which the actual payment is made
3.0 The petitioners are retired primary teachers, presently aged between 69 years and 76 years. They have retired between 01.06.1987 and 31.07.1994 after serving under the respondents in Surat District. They are entitled to the benefit of revision of pay and pensionary benefits as per the scheme of Higher Grade Pay scales vide G. R. dated 05.07.1991 read with G. R. dated 16.08.1994. Despite the Circular dated 08.09.1993 issued by the Director of Primary Education and repeated representations of the petitioners, they have not been granted the said benefits till this date. The Hon'ble Court has issued directions for revision of pay and pensionary benefits and payment thereof together with interest in similar cases in respect of retired primary teachers of other districts in SCA NO. 6589 of 1995, L.P. A No. 586 of 1996,
4.0 The Division Bench of this Court in Letters Patent Appeal No. 691 of 2004 and allied matters vide judgement and order dated 14.10.2004 has directed as under:
“11. In view of the aforesaid facts and circumstances and the material on record and considering the submissions made by the learned counsel for the parties and in view of interpretation of the different Government Resolutions referred hereinabove, aforesaid Letters Patent Appeals are partly allowed to the extent that Government has all, power, authority and jurisdiction to issue clarificatory or amended resolution dated 16.10.1993 whereby, the words “ Selection Grade” can be read in Clause – XV of GR dated 05.07.1976. The petitioners are entitled to benefit of selection grade as well as higher grade scale. Looking to the peculiar facts and circumstances of the case, since the petitioners have got their selection grade in the year 1973 or in the year 1976 or in the year 1979 on the basis of the resolution dated 16.09.1796 which is much prior to GR dated 26.12.1985.
5.0 During the pendency of the petitions, pursuant to the orders passed by the learned Single Judge vide order dated 24.09.2010, 28.09.2010 and 05.10.2010, the respondent made payment of difference of pay from 01.06.1987 to the date of retirement of each petitioner. The learned advocate for the petitioner therefore, raised following grievance.
(1) That pursuant to the order of the Division Bench of this Court in Letters Patent Appeal No. 691 of 2004 and allied matters, the petitioners are entitled for benefit of Higher Grade Pay scales as per Government Resolution dated 05.07.1991 read with Government Resolution dated 16.08.1994.
(2) That the respondents have still not revised the pension and retirement benefits of the petitioners by giving effect of Higher Grade Pay scales.
(3) The petitioner are therefore, entitled to the following payments as on today.
(I) The retirement dues and revision of pay scale on the basis of the order of the Division Bench of this Court in Letters Patent Appeal No. 691 of 2004 and allied matters.
(ii) The interest on the amount which has been paid for the respective period .
6.0 Heard learned Advocates for the respective parties.
7.0 On the facts of the case, the case of the petitioners is squarely covered by the decision of the aforementioned Division Bench of this Court. Accordingly the petitioners are entitled to the benefit of higher grade pay scale as per Government Resolution dated 5.7.1991 read with Government Resolution dated 16.8.1999. The pension of the petitioners are also required to be revised accordingly. In that view of the matter, ends of justice will be met by passing the following order:
In view of the order of Division Bench of this Court rendered in Letters Patent Appeal No. 691 of 2004 and allied matters, the respondents are directed to revise the pay and pensionary benefits of the petitioners as per G.R. dated 05.07.1991 read with G.R. Dated 16.08.1994 and to pay the arrears thereof to the petitioners. While calculating the dues the respondents shall also take into consideration the payments which have already been made to the petitioners. The interest on the amount already paid to the petitioners for the period from 01.06.1987 to the date of retirement of each petitioner shall be calculated at the rate of 9% with effect from 14.10.2004 and be paid accordingly. The petitioners shall be entitled to interest on the amount of present arrears at the rate of 9% from 06.10.2002 till actual payment is made. This exercise will be done within a period of six months from today and the payment will be made within a period of three months thereafter. .
8.0 Rule is made absolute to the aforesaid extent with no order as to costs. Direct service is permitted.
(K.S.JHAVERI, J.) niru*