1. RULE returnable forthwith. Learned AGPs waive service of notice of Rule on behalf of the respondent State in the respective petitions.

2. With the consent of learned advocates for the respective parties, the petitions are taken up for final hearing.

3. By an order dated 22.03.2022, this Court had passed a detailed order eliciting the grievance raised by the petitioners. The said order reads as under:

“1. The case of the petitioners is that they are entitled to the benefit of full time pay on the basis of having completed five years service from their date of appointment as part-timers and not from the date when they were taken on full time basis.

2. Mr.Hemang Trivedi learned advocate appearing for Ms.Mamta Vyas learned advocate for the petitioners would submit that in case of the District Education Officers of Dahod and Tapi, for the basis of granting the benefits of regular pay scale, their initial date is taken as the date when they were appointed on a part time basis.

3. Mr.Meet Thakkar learned AGP has drawn the attention of the Court to the affidavit in reply filed on behalf of the District Education Officers of Vadodara. It would indicate that the petitioners were appointed in the year 2009 on the part time basis. By an order of 14.07.2010, they were appointed as full time Shikshan Sahayaks. They completed five years of service on 26.08.2016. Considering their date as 14.07.2010 as the date of full time appointment. Regulation 19 was pressed in to service to submit that it was only when full time teachers were available, that the petitioners were appointed on a full time basis. Otherwise, looking to the sanctioned strength of 1.5 teachers, the petitioners initially were appointed as part-timers on the basis of ratio of 1 full time and 1 part time teacher.

4. Reliance is also placed on the order granting the benefit of regular pay scale on the basis of they having completed five years of service which indicates that the base year is taken as the year 2010. The disparity appears to be that the DEOs of Dahod and Tapi have considered base year of part-time employee as the base year for completing five years of service for regular pay scale. Appropriate reply be filed by the respondent no.2 explaining the disparity between the two District Education Officers of District Vadodara and Dahod/Tapi respectively.

Stand over to 20.04.2022.”

4. Today, the issue seems to have been resolved inasmuch as, the District Education Officer, Vadodara, has granted the benefit of regular pay on completion of five years from their initial date of appointment. The orders of revision have been passed on 20.04.2022. These orders are taken on record. Since the petitioners’ pay fixation has been modified and they have been given regular pay scales from 03.07.2014 instead of 03.07.2015, consequential orders including arrears and seniority based on these revised orders shall be effectively done within a period of six weeks from the date of receipt of copy of this order.

5. Petitions are partly allowed. Rule is made absolute to the aforesaid extent.