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 th