Point of Law: Members of the Petitioner Association ought to have been treated equally w.e.f. 1.1.1986. In view of this fact, we are of the opinion that the end of justice would be served if the respondents are directed to give notional revised pay scale to the members of the association w.e.f. 1/1/1986 and make actual payment from 1/4/1992.

JUDGMENT :

1. Heard learned advocate Mr. Shivang Shah for the petitioner, learned Assistant Government Pleader Mr. Jayneel Parikh for the respondent-State and learned advocate Mr. Rituraj Meena for respondent No.2 through video conference.

2. RULE returnable forthwith. Learned AGP Mr. Parikh waives service of notice of rule on behalf of respondent Nos. 1 and 3 and learned advocate Mr. Meena waives service of notice of rule on behalf of respondent No.2.

3. By this petition under Article 226 of the Constitution of India, the petitioner has made the following prayers :

“A. Your Lordships may be pleased to admit and allow this application;

B. Your Lordships may be pleased to issue a writ of mandamus and in the nature of certiorari or any other appropriate writ to quash and set aside the impugned letter/communication dated 27.9.2016 passed by respondent No.2 and further be pleased to grant the benefit of revised pay scale of Rs. 1640-2900 w.e.f. 1/1/1986 and actual payment of revised pay scale w.e.f. 1/4/1992 as has been declared by Hon’ble Division Bench in LPA No. 834 of 2012 in judgement and order dated 31.3.2014 in case of similarly/identically situated other Additional Assistant Engineers;

C. Pending admission, hearing and final disposal of the mai appeal your lordships may be pleased to grant the benefit of revised pay scale of Rs. 1640-2900 w.e.f. 1/1/1986 and actual payment of revised pay scale w.e.f. 1/4/1992 as has been declared by Hon’ble Division Bench in LPA No. 834 of 2012 in judgement and order dated 31.3.2014 in case of similarly/identically situated other Additional Assistant Engineers;

D. Your Lordships may be pleased to stay such other and further order(s) that may be deemed fit and proper in the facts and circumstances of the case.”

4. Brief facts of the case are as under:

4.1 The petitioner was appointed as Additional Assistant Engineer on 10.10.1980 at Public Health Sukhakari Peta Vibhag Shihori, Shihori under the Public Health Department of State of Gujarat. The State Government bifurcated Public Health Department and created Gujarat Water Supply and Sewerage Board and all the offices under the Public Health Department were put under the control of Gujarat Water Supply and Sewerage Board vide notification dated 01.04.1981 in which the petitioner was also one of the employee. The petitioner retired on 31.07.2016 on attaining the age of superannuation.

4.2 For the cadre of Additional Assistant Engineer, the State Government through Finance Department granted pay scale of Rs.1640-2900 as against Rs.1400-2300 with effect from 1.4.1992 whereas the pay scale of Assistant Engineer was revised from 1.1.1986 in the very department. Being aggrieved by such action of the respondents, the Additional Assistant Engineers preferred Special Civil Application No.5210/1995 before this Court which was dismissed, against which Letters Patent Appeal was preferred which was allowed. Since such order of the Division Bench was not complied, with, a contempt application came to be filed which was also disposed of.

4.3 The State Government being aggrieved by the order passed by the Division Bench preferred Special Leave Petition before the Apex Court and in the meanwhile, it was resolved by the State Government to give notional benefit from 1.1.1986 and comply with the direction subject to the outcome of SLP.

4.4 It is the case of the petitioner that the petitioner is similarly and identically situated with that of petitioners referred above in the Division Bench judgment. The State Government through respondent no.1 issued letter/direction dated 7.8.2015 to all its Head Branches to take necessary undertaking from all Additional Assistant Engineers as the payment was required to be made before 13.8.2015.

4.5 Pursuant to aforesaid letter dated 7.8.2015, respondent no.2 issued letter dated 15.10.2015 directing the Superintendent Engineer to take necessary steps and comply with the directions issued in letter dated 7.8.2015.

4.6 It is the case of the