K.M.THAKER,J. - (1.) Heard learned advocate for the applicant and learned advocate, Mr. Jadeja for heirs of original petitioner and Mr. Gautam, learned Assistant Government Pleader for respondent no.2 to 4. In present petition, petitioner has prayed, interalia, that, 12(A)Quashing and setting aside the order dated 17.09.2001 passed by Respondent no.3 and the judgment dated 18.02.2005 passed by the Gujarat Secondary Education Tribunal, Ahmedabad, in Application No.240 of 2002 and directing the respondents to grant all the three higher grade scales to the petitioner in addition to the selection grade and revised the pensionary benefit accordingly and to pay the amounts due and payable with 10% interest.
(2.) So far as factual background is concerned, it has emerged from the record that the original claimant joined the service as Assistant teacher from 16.01.1963. he was treated as trained graduate teacher for Secondary School. While he was in service government issued Resolution dated 23.07.1981 and thereby introduced a scheme of selection grade for secondary teacher who completed service of 15 years before 01.07.1979. The petitioner retired from service in 1992. 2. 1 Since the claimant had completed service of 15 years on 16.01.1979 (before 01.07.1979) the benefit of selection grade i.e. Rs. 500900/- was granted on 01.07.1979. 2. 2 Subsequently, with a view to removing grievance and frustration of teacher on the ground of stagnation in payscale, the government introduced a scheme of three tier payscale. For the said purpose, government issued Resolution dated 05.07.1991. 2. 3 According to terms of said Government Resolution, Employee/teacher was obliged to exercise option to either retain the benefits of selection grade received by him earlier or to relinquish that benefit. 2. 4 As mentioned above, original claimant in present case had already availed benefit of selection grade under Government Resolution Dated 23.07.1981 after he completed 15 years before 01.07.1979. 2. 5 Besides this, original claimant demanded benefits of Government Resolution dated 05.07.1991. 2. 6 The said benefit was denied to the original claimants on the ground that he did relinquish the benefit of selection grade and also did exercise the option in accordance with terms and conditions of Government Resolution 05.07.1991. 2. 7 Feeling aggrieved by the said decision of the Respondent of granting benefit under the Government Resolution Dated 05.07.1991, the claimant challenged the order dated 17.09.2001, whereby his claim for benefits under the Government Resolution 05.07.1991 came to be rejected. 2. 8 The application filed by the claimant came to be registered as Application No.240 of 2005. 2. 9 After hearing the parties, Learned Tribunal passed the order dated 18.03.2005 and rejected the application for the reasons recording in the order. 2. 10 Feeling aggrieved by the said decision of the Learned Tribunal, petitioner has taken out present petition.
(3.) During this submission, learned advocate for the petitioner could dispute the fact that the claimant had availed benefits of selection grade on strength of and in accordance with the Resolution dated 23.07.1991. 3. 1 He could also dispute the fact that the claimant had acted in accordance with the terms and condition of Government Resolution 05.07.1991 i.e. to exercise option and to relinquish the benefits availed under Government Resolution 23.07.1981 and to refund the amount. 3. 2 Mr. Jadeja, learned advocate for the petitioner, however, claimed the benefit in light of G.R. dated 06.05.1992. ;