J.B. Pardiwala, J.

1. Since the issues raised in both the captioned writ-applications are interrelated, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Special Civil Application No. 2563 of 2001 is treated as the lead matter.

3. By this writ-application, the writ-applicants have prayed for the following reliefs:

"(A) Your Lordships may be pleased to admit this petition.

(B) This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to pay the petitioners the pay scale of those direct recruit Managers Grade I i.e. 8000-13500.

(C) Pending admission, hearing and final disposal of the petition, this Hon'ble Court may be pleased to direct the respondents to pay the petitioners the pay scale of those direct recruit Managers Grade I i.e. 8000-13500.

(D) Any other and further reliefs as may be deemed fit and proper in the interest of justice."

4. The case of the writ-applicants may be summarised as under:

"The writ-applicants seek to challenge the order dated 9th December 2000 passed by the respondent No. 2, by which the writ-applicants have been denied the higher pay-scale of Rs. 8000-13500. The writ-applicants are serving with the respondent No. 1 - Corporation as the Managers since a long period of time. The Corporation came into existence in the year 1978. It is an autonomous body. Before the Corporation was established, the writ-applicants were serving under the Ministry of Tourism. On creation of the Corporation in the year 1978, the writ-applicants were absorbed in the Corporation. They all were earlier working as the Manager-Grade-I in the pay-scale of Rs. 425-700."

5. It is the case of the writ-applicants that according to the hierarchy, the Manager Grade-I would be promoted to the post of Manager. At the relevant point of time the pay-scale of the cadre of the Manager was Rs. 700-1300. It is the case of the writ-applicants that after being promoted to the post of Manager from the post of Manager Grade-I they should have been put in the pay-scale of Rs. 700-1300. However, instead of doing so, the respondents created a new pay-scale which was higher than Rs. 435-700 but lower than Rs. 700-1300. The new pay-scale was fixed at Rs. 550-900. According to the writ-applicants, there was no pay-scale of Rs. 550-900 on the establishment of the Corporation. Despite the same, they were put in the said pay-scale. Identically situated persons serving as the Managers in the Corporation but recruited directly were paid the pay-scale of Rs. 700-1300.

6. It is the case of the writ-applicants that the nature of the work, the other service conditions, responsibilities, etc. remained the same. The pay-scale of Rs. 700-1300 came to be revised to Rs. 2200-4000 and thereafter to Rs. 8000-13500.

7. In the past, the writ-applicants had preferred the Special Civil Application No. 5882 of 1989 with regard to the very same subject matter. The said writ-application was disposed of by a learned Single Judge vide order dated 29th September 2000. The order reads as under:

"The Managers' Association of the Gujarat Tourism Corporation has preferred this petition for a direction to the respondents to pay salary to its members in the scale of 700 - 1300 (revised to 2200 - 4000 and further revised to 8000 - 13500) from the date of their appointment. The basis of their claim is that the direct recruits appointed to the same cadre were drawing the pre-revised pay-scale of Rs. 2200 - 4000. The grievance of these Managers is that though they are required to discharge identical work and they are inter-transferable to various resorts, they are given a lower pay-scale which amounted to a discriminatory treatment violative of their right to equality guaranteed by Articles 14 an