concerned and the name of petitioner no. 4 has been deleted from the array of parties as per the previous orders of this Court. Accordingly, this petition is heard qua petitioners no. 2 & 3 (hereinafter referred to as petitioners) only. 2. The petitioners herein have prayed to direct the respondents not to revert the petitioners from the existing post to any lower post and not to disturb the seniority of the petitioners.
3. It is the case of the petitioners that the seniority of the petitioners and other primary teachers in Mehsana District has been fixed and published in the form of a compilation in the year 1973. The State of Gujarat issued a Resolution dated 30.07.1977 by which it had settled principles for fixing seniority of primary teachers and it was stated therein that those teachers who came to a particular district by transfer at their own request during the period between 1964 and 1970 will be given seniority from the date of their entry in the service while the teachers who came from other districts on transfer after 1970 will be shown last in the said seniority list. The said resolution dated 30.07.1977 came to be challenged by way of Special Civil Application No. 1526 of 1977 which was allowed vide order dated 23.11.1982. Thereafter the respondent no. 2 is understood to take a view that all the teachers who came upon a transfer should be placed below the teachers who originally joined the service in Mehsana District and therefore being aggrieved by the same, the present petition is preferred.
petitioners submitted that the issue involved in this petition is squarely covered by the decision of this court passed in Special Civil Application No.8463 of 2008 relying upon the judgment reported in 2008 AIR SCW 937 in the case of State of Maharashtra & Ors. Vs. Uttam Vishnu Pawar and therefore the case of the petitioners may also be considered accordingly.
5. Heard learned advocates for the parties and perused the papers on record. Considering the decisions relied upon by learned advocate for the petitioners, this Court is of the view that the case of the petitioners deserves consideration. Paras 4 & 5 of the said decision read as under:
“4. Heard learned advocate Mr. Thakker for the petitioner and learned AGP Ms. Asmita Patel. Though this resolution, at annexure-B, is passed, the point is finally concluded as the Division Bench of this High Court in LPA No.187/03 dtd.20-3-2004 dismissed the appeal filed by the State granting the benefit in the case of similarly situated employees. Further in the light of recent judgment of Hon'ble Apex Court reported in 2008 AIR SCW 937 in the case of State of Maharashtra & Ors. v. Uttam Vishnu Pawar, the issue has been finally concluded. Hon'ble Apex Court has specifically referring to this aspect observed that:-
“Therefore, in view of the consistent approach of this Court, it is no more res integra that the incumbent on transfer to the new department may not get the seniority but his experience of the past service rendered will be counted for the purpose of other benefits like promotion or for the higher pay scale as per the scheme of the government.“ observations, the petitioner may not claim seniority after his inter district transfer at his own request but for the purpose of higher pay scale, the length of service is required to be considered. Therefore, as discussed in para-9 of the said judgment, present petition deserves to be allowed. “
6. In view of the above, the case of the petitioners deserves to be considered in view of the decision dated 27.08.2008 passed in Special Civil Application No. 8463 of 2008 and the judgment of the Apex Court reported in 2008 AIR SCW 937 in the case of State of Maharashtra & Ors. v. Uttam Vishnu Pawar.
7. In the premises aforesaid, petition is allowed. The respondents are directed to consider the case of the petitioners in light of the observations made by Hon'ble Apex Court within a period of six months from the date of receipt of the writ of the order of this Court. Rule is made absolute accordingly. Direct service is permitted.
(K.S. JHAVERI, J.) Divya//