1. This petition has been preferred against the order dated 15.09.2010 passed by the Gujarat Secondary Education Tribunal at Ahmedabad in Application No.168/2005 whereby, the said application of respondent no.3 was partly allowed.
2. The facts in brief are that respondent no.3 herein was appointed as an Asst. Teacher in petitioner-School w.e.f. 22.06.1995. However, on the ground that the petitioner had terminated the services of respondent no.3 w.e.f. 30.04.2005, Application was preferred before the Tribunal seeking appropriate directions, which was partly allowed, by impugned order. Hence, this petition.
3. When the matter was earlier listed on 05.03.2012, Notice was issued only for the purpose of compromise. On 14.06.2011 it was informed to the Court by learned advocate Mr. R.E. Variava that respondent no.3 is not ready for any compromise in the matter. In view of the same, the matter is decided on merits.
4. Heard learned counsel for the parties. Before the Tribunal, it was established that the appointment of respondent no.3 was not made in accordance with the relevant rules and therefore, her prayer for reinstatement in service was negatived. However, on the issue of payment of salary, the Tribunal found that no agreement / contract regarding payment of salary was established. Since the petitioner-school had failed to point out as to what salaries it was paying to other regular employees, the Tribunal issued direction to pay the difference of salaries to respondent no.3. In my opinion, the directions issued by the Tribunal are in consonance with the relevant Government Rules and warrant no interference from this Court.
5. In view of the above, the petition is dismissed. However, in view of the statement made by learned counsel Mr. Jasani that non-granted schools are exempted from implementing the pay-scales fixed by the Government, it would be open to the petitioner-school to take the above defence before the executing Court, which, if raised, shall be decided in accordance with law. Notice is discharged.
[K.
S. JHAVERI, J.] Pravin/* Top