ORDER :

1. This petition is filed under Article 226 of the Constitution of India for the following relief:

“.......to declare the action of the Respondents in not extending the pay scale of Rs. 1010-1800 to the applicants which was extended to the similarly situated persons at Rs. 1010-1800 by issuing G.O.Rt. No. 551 Irrigation and CAD Department, dated 6.8.2004 based on the orders passed by the Hon’ble Tribunal in O.A. No. 4206/92 49955-58/91 and batch and O.A. No. 1368/93 dated 4.2.2003 and the orders of the Tribunal in O.A. No. 3469 of 2014 dated 3.6.2014 and the orders in O.A. No. 1991 of 2015 dated 16.4.2015, as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently declare that the applicants are entitled for pay scale of Rs. 1010-1800 of 1986 and corresponding Pay scales as per Revision of Pay Scales of 1993-1999, 2005-2009 and 2013 on par with other similarly situated persons in whose favour Government issued G.O.Rt. No. 551 Irrigation and CAD Department, dated 6.8.2004 with all consequential benefits and pass such other order or orders.....”

2. Heard Mr. P.V. Ramana learned counsel appearing for the petitioners and learned Government Pleader for Services-II appearing for the respondents.

3. The main grievance of the petitioners is that the action of the respondents in not extending the benefit of pay scale of Rs. 1010-1810 while granting the said benefit to the similarly situated persons in G.O.Rt. No. 551 Irrigation and CAD (RW.Estt.2) Department, dated 6.8.2004 based on the orders of Hon’ble Tribunal in O.A. No. 49955-49958 of 1991, and 4206 of 1992 and 1363 of 1998 dated 4.2.2003 and O.A. No. 3479 of 2014 dated 3.6.2014 for granting pay scale of Rs. 1010-1810, the present writ petition has been filed.

4. Counter affidavit is filed by the respondents while denying all the allegations made in the petition contended that the Tribunal in O.A. No. 4206 of 2003, it was stated that till 1985 when Provincialization of service was made, common pay scales were there both for work charged employees and regular employees. But a distinction is sought to be made in the Irrigation Department after provincialization denying that pay scales of 1010-1800 to employees or Irrigation Department while giving the same scales of pay to other department employees. The only contention is that there is a change in the recruitment method in case of work charged employees and other employees. But in the Revised Pay Scales of 1986, the only distinction that is sought to be made to the persons who are unqualified should be given the scale of 780-1275 whereas for qualified persons the scale of 1010-1800 should be given. That being the case, the change in the method of recruitment pales into insignificance. It cannot be said that the Pay Revision Commissioner is ignorant of all these aspects which are mentioned by the Government. He further submitted that in the O.A. No. 4206 of 1992, the Tribunal issued orders to the respondents to consider the cases of the petitioners for giving the scale of pay 1010-1800 on par with similarly situated persons (i.e. with qualification SSC+ITI candidates) working in other departments other than Irrigation department and monetary benefits be given from the date of filing the OAs and notional benefits up to the date of filing the OAs be given. He further submitted that there are no specific instructions from Government to implement the Scale 1010-1800 to the work charged employees appointed with SSC+ITI qualifications and as per the existing rule they are not eligible for 1010-1800 scales. Hence prayed to vacate the interim order granted in O.A. No. 3013 of 2016 and prayed to dismiss the present writ petition.

5. Learned counsel for the petitioners submits that all the petitioners herein as on the date of their initial appointment got required qualification of Draughtsman Civil with ITI and fully eligible to hold the respective posts. The 1st and 2nd petitioners were a