S.G. Shah, J.

1. Heard learned advocate Ms. Vidhi J. Bhatt for the petitioner and learned AGP Mr. Swapneshwar Gautam for the respondents.

2. Perused the record. The petitioner herein is seeking indulgence of this Court under Articles 14, 16, 21 and 226 of the Constitution of India read with the resolution of Finance Department, Government of Gujarat dated 5.7.1991 and 16.8.1994 relating to grant of higher pay-scale relating to Scheme of Higher Grade Scale, to deal with the payment of installments of D.A., with interim relief in absence of restricted chances of promotion to the Government employee.

3. The petitioner has prayed to declare the communication dated 28.12.2004 by the Director of Forensic Science Laboratory, Gujarat State, copy of which is produced at Annexure-P, as illegal, arbitrary and contrary to the Government resolutions under reference submitting that such action is violative of Articles 14, 16 and 21 of the Constitution of India and thereby, such communication needs to be quashed and set-aside. By such communication, respondents have refused to extend the benefit of above-referred Scheme to the petitioner, even after specific observation and direction by this Court in its order dated 15.9.2006 in Special Civil Application No. 19691 of 2006. The petitioner has also prayed to issue a writ of mandamus, commanding the respondent authorities to grant the petitioner the benefit of higher pay-scale on completion of 9 years on the post of Scientific Officer on 2.3.2003 with all consequential benefits flowing form such grant, such as re-fixation of his pay w.e.f. 3.3.2003 and re-fixation of his pension and other retirement benefits on his retirement on superannuation on 31.10.2009. The petitioner has also prayed for arrears of pay and allowances from 3.3.2003 till filing of the petition and requested to grant urgent relief till the date of payment with arrears of pension and other retiral benefit from 1992 till 1994 with 18% interest thereon.

4. The undisputed fact between the parties is to the effect that initially, the petitioner was appointed as Laboratory Technician on 20.02.1979. He was promoted as Scientific Assistant w.e.f. 23.11.1983.

5. Thereafter, he could not get promotion for pretty long time and pursuant to recommendations by the third Pay Commission, which was constituted in the year 1982, so also in view of representations of employees regarding stagnation and few chances of promotion, the Government has constituted a High Level Committee, somewhere in the month of May, 1990 under the Chairmanship of the then Finance Minister. Pursuant to recommendation by such Committee, initially the Government has passed one resolution on 20.2.1991 confirming that employees who did not get promotion shall be given higher grade scale at the end of 12 and 24 years at the end of their continuous service in the same cadre. However, since such scheme did not extend any benefit to the employees and thereby, when it became a scheme on paper only, it was abolished by resolution dated 5.7.1991 i.e. in couple of months only and there was representation that higher grade scale should be given at the end of 9, 18 and 27 years instead of 12 and 24 years and such scheme is to be made effective from 1.6.1987. It is also submitted to concerned Committee that further pay may be fixed in such a manner as if employee was actually promoted because of such scheme. Therefore, Government has issued an order dated 11.10.1991 clarifying that as to how such scheme should be implemented. According to such clarification, in cases where the service of 9 years or more than 9 years in same cadre is completed as on 1.6.1987 or thereafter, first higher grade scale shall be admissible on the basis of eligibility. It is further clarified that when services of other 9 years is completed in higher grade scale, second higher grade scale shall be admissible. Similarly, third higher grade scale shall be admissible after another 9 years. All such facts