P.P.BHATT,J. - (1.) The petitioners, who are retired primary teachers by way of filing the present petition under Article 226 of the Constitution of India, have prayed that it may be declared that the petitioners are entitled to the benefits of higher scale of pay and they should be allowed to exercise option by the respondents, and accordingly the respondents may be directed to fix the pay and pension of the petitioners accordingly on exercising options by the petitioners.
(2.) Learned advocate Ms. Reena Kamani appearing for the petitioners submits that similarly situated primary teachers have approached this Court by filing Special Civil Application No.9133 of 1994 with Special Civil Application Nos. 2687, 3397, 5184, 5186 and 5187 of 1995 with Special Civil Application No.560 of 1996. It is submitted that the said group of writ petitions were allowed by this Court (Coram: Akshay H. Mehta,J) vide judgment dated 28.06.2002, wherein the respondents authorities were directed that if the petitioners still desirable to exercise the option as envisaged in Clause (xv) of the scheme, he may carry out the directions given by this Court (Coram : S.K. Keshote, J) in the judgment dated 20.12.1999 in respect of fixation of their pay in the higher pay scale and the consequential determination of the amount of arrears payable to them and also the resultant revision of retirementary benefits including revised pension pay orders and gratuity pay orders may also issue after completion of the aforesaid exercise. It is also clarified that respondents authorities, while granting the benefit of admissible higher pay scale to the petitioners from the date of their joining the service as if they have not received the benefit of selection grade. The respondents authorities were further directed to complete all these formalities before 30.09.2002. The respondents were also permitted to adjust the benefits which have become admissible to the petitioners on account of higher grade scale, if it is so necessary and Rule was made absolute accordingly. Learned advocate for the petitioners further submits that the similar issue is also considered by this Court (Coram : Paresh Upadhyay, J) vide its judgment dated 30.01.2013 in a group of writ petitions bearing Special Civil Application No.10142 of 2009 and allied matters filed by similarly situated primary teachers. The said petitions were also allowed as per the directions issued in Para 15 of the judgment. Learned advocate for the petitioners further submits that the present petitioners are also similarly situated primary teachers, and therefore, their case may be considered in light of the above referred two decisions and necessary directions may be given to the respondents to give the higher pay scale in the case of present petitioners also.
(3.) Learned advocate Mr.Radhesh Vyas appearing for the respondent No.2 - Municipal School Board, Municipal Corporation, Bhavnagar, while opposing the present petition submits that the petitioners were to exercise the options in view of the Resolution passed by the Government dated 05.07.1991 within stipulated time, but the petitioners have not exercised their options within the prescribed time limit, and therefore, now at belated stage, such claim should not be entertained. In support of his submission, learned advocate appearing for the respondent No.2 - Municipal School Board, Municipal Corporation, Bhavnagar, has also referred to and relied upon the decision by the Hon'ble Apex Court in the case of Asger Ibrahim Amin v. Life Insurance Corporation of India reported in 2015(3) GLH 329 . By referring the Para 20 of the said decision, it is submitted that no reasonable explanation is submitted by the petitioners for the huge delay, which has caused in claiming the benefit of higher pay scale.;