D.H. Waghela J.—Invoking Clause 15 of the Letters Patent, the appellant Staff Unions of the Government Arts and Science Colleges, Technical Education Institutions and other colleges affiliated to the Gujarat University have challenged decision dated 22.12.1997 of learned Single Judge of this Court in Special Civil Application No. 290 of 1986. The members of the appellant Unions and Association were working as Laboratory Assistants under the Directorate of Higher Education, Directorate of Technical Education and non-government colleges affiliated to the Gujarat University. Their grievance was that Laboratory Assistants working in Primary Teachers Training College were granted higher pay scales, although they were working under the same department of the State Government, discharging same duties and functions with same responsibilities and qualifications, but the members of the appellants, though senior and recruited earlier were denied parity in the pay scale and wages.

2. While rejecting the petition of the appellants, learned Single Judge has, in the impugned decision, taken the view that the Third Pay Commission had considered the issue of pay scales applicable to two cat