C.L. Soni, J.

1. The question falls for consideration of this Court is, whether an employee, who has got benefit of first higher grade pay-scale on completion of nine years of service is after his promotion, again entitled to the benefit of first higher grade pay-scale on completion of nine years of service in higher cadre (promotional) post? The case of the petitioner is that he was appointed as peon in Class IV cadre in the office of the Gujarat Secondary Education Tribunal ("the Tribunal" for short) on 2-4-1975 and on completion of nine years of service in the said cadre, he was granted first higher grade pay-scale of Rs. 775-1025 with effect from 1-6-1987 in accordance with Government Resolution dated 16-8-1994. He was then promoted as Junior Clerk in Class III cadre on 11-4-1991 and was placed in the pay-scale of Rs. 950-1500 which was then revised to Rs. 3050-4590. It is the case of the petitioner that in the higher cadre of Junior Clerk, he completed nine years of service on 10-4-2000 and thus, became entitled to the first higher grade pay-scale of Rs. 5,000-6,000. The Tribunal sanctioned such first higher grade pay-scale to him with effect from 11-4-2000. The Pay and Accounts Officer - the respondent No. 1 raised objection that once the first higher grade pay-scale was granted to the petitioner, unless the petitioner reached to maximum of higher pay-scale, his case could not be considered. It is the further case of the petitioner that since the first higher grade pay-scale was given to him with effect from 1-6-1987 when he was in Class IV cadre, after his promotion to the post of Junior Clerk in Class III cadre, he would become entitled to first higher grade pay-scale and second higher grade pay-scale on completion of nine years and eighteen years of service as per the Government Resolution dated 16-8-1994 in the cadre of Junior Clerk. Therefore, the respondent authorities were not justified in denying such benefits. The petitioner has averred that he had requested that if the petitioner cannot be made entitled to the benefit of first higher grade in the Class III cadre on the ground that the petitioner was already granted first higher grade pay-scale in the cadre of Peon, the benefit of first higher grade pay-scale given to him in the cadre of Peon be withdrawn and the benefit of first higher grade in Class III cadre of Junior Clerk in the pay-scale of Rs. 4,000-6,000 may be given to him. However, such request of the petitioner was declined by the respondents. The petitioner has given the instance of one Ratansinh Joravarsinh Rathod who was one of the staff member and who has been given the benefit of first higher grade pay-scale even in the cadre of Junior Clerk.

2. The petition is opposed by affidavit-in-reply filed on behalf of respondent No. 1 stating that as per Para. 3 of the Government Resolution dated 16-8-1994, an employee is eligible to get benefit of first higher grade pay-scale on completion of nine years of service in the cadre in which he is eligible to get promotion. After that, he could be considered for the benefit of second higher grade pay-scale. It is further stated in the affidavit-in-reply that as per the Government Resolution, Finance Department dated 1-5-2002, an employee who has got first higher grade on completion of nine years of service in one cadre and thereafter appointed in new cadre by virtue of his selection under direct recruitment, then, such employee can be given the benefit of first higher grade pay-scale in the new cadre provided he forgoes the benefit of first higher grade pay-scale received by him in the earlier cadre. It is further stated that the petitioner since promoted from the post of Peon and not appointed by direct recruitment to the post of Junior Clerk, the Government Resolution dated 1-5-2002 is not applicable to his case. It is lastly stated that the benefit of first higher grade pay-scale is available to an employee once in his service tenure, and thereafter,