ORDER :

1. As identical issues and facts of law are involved in both these writ petitions, they are heard analogously and are being disposed of by this common order.

2. The petitioners have challenged the order dated 27-11-2018 (Annexure P/3) issued by respondent No.2 Additional Secretary, Government of Chhattisgarh, Department of Higher Education by which the representation of the petitioners for grant of Senior Grade Pay Scale of Rs.3000-5000/- (revised to Rs.10,000/- - 15,200/- and Selection Grade Pay scale of Rs.3700-5700/- (revised to Rs.12,000/- - 18,300) by counting their services from the date of their emergency appointment has been rejected. The said representation was made in pursuance of the direction given by this Court in WPS No. 2343 of 2017 wherein this court vide its order 26.04.2018 has directed the respondents/State to consider and decide the representation.

3. The facts, in brief, as reflected from the records of the case are that the erstwhile State of Madhya Pradesh, Department of Higher Education issued an advertisement in the years 1986, 1987 and 1989 inviting applications from eligible candidates for their appointment on the post of Assistant Professor in different subject on emergency basis vide Annexure P/2. The appointment and promotion of Assistant Professors as well as the teaching faculty members in the government colleges are governed by Madhya Pradesh Educational Services (Collegiate Branch) Recruitment Rules, 1967 (for short "the Rules, 1967"). The Rule 13 (5) of the Rules, 1967 provides emergency appointment. The Rule 13 (5) reads as under:-

"13(5) Emergency appointments- If Commission panel of selected candidate is not available, the posts may be filled by emergency appointments in the following manners-

(a) an advertisement shall be issued by Government-

(b) Application for emergency appointment shall be submitted in the form prescribed in Schedule-V.

(c) Application received shall be registered and tabulated according to the following criteria:-

The names will be arranged in each sub-category according to the marks secured by the candidates at the M.A./M.Sc./M.Com. Examination.

Provided if and when Public Services Commission panel for these subjects is available, these teachers will be liable to be removed without notice."

4. Learned counsel for the petitioners would submit that the petitioners were appointed as emergency appointees after following due process by publishing advertisement in widely circulated newspaper as also following the reservation rules, whichever applicable at the relevant time. He would further submit that the advertisements were issued for appointment in the regular pay scale of Rs.700-1600/- which was subsequently revised to Rs.2200 - 4000/-) along with admissible allowances. The qualification prescribed in the advertisement is the same which is required for regular appointment through Public Service Commission. He would further submit that a selection committee was constituted and merit list of the candidates concerned depending upon their academic performance from the state of graduation till doctorate level was considered while recommending for selection of the petitioners on the post of Assistant Professor. Thus, there is a complete compliance of Rule 13(5) of the Rules, 1967. Thereafter Recruitment Rules 1967 were replaced by new Recruitment Rules framed by th