JUDGMENT :

1. Heard learned Advocate Ms. Mamta R. Vyas appearing for the petitioner and learned AGP Mr. Jayneel Parikh appearing for the Respondent- State.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“18) …

(A) Directing the respondents to grant the Second Higher grade scale to the petitioner with effect from 1.6.2002 and to revise his retirement benefits accordingly and pay the arrears with 10% interest.

(B) Quashing and setting aside Resolution dt. 31.3.2005 and letter dt. 24.10.2011.

(C) During the pendency and final disposal of this petition the respondent no.2 may be directed to reconsider the case of the petitioner for 2nd higher grade scale ignoring the Resolution dt.31.3.2005.

(D) ...”

3. The brief facts of the case are that the petitioner was serving as Sales Tax Officer, Class-II, under the State Government and he retired on superannuation on 30.06.2006.

3.1 The petitioner was granted the first higher grade scale from 01.06.1987 and the petitioner became eligible for the second higher grade scale with effect from 01.06.2002. By proforma application dated 7.1.2008, the petitioner informed the Respondent no