JUDGMENT :

1. Heard learned Advocate Shri Prabhakar Upadhyaya on behalf of the petitioner and learned Assistant Government Pleader Shri Uttkarsh Sharma on behalf of respondent no.1- State and learned Advocate Ms. Trusha Patel behalf of respondent no.2

2. Issue Rule returnable forthwith. Learned Advocates waive service of rule on behalf of their respective respondents.

3. With consent of parties, the petition is taken up for final disposal.

4. By way of this petition, the petitioner has sought for following relief/s:

“24, The petitioner, therefore, humbly prays to this Hon’ble Court that:

A. Your Lordships may kindly be pleased to issue a writ of Mandamus and/or Writ of any other appropriate Writ, direction and order to quash and set aside the letter/communication dated 04.12.2019 issued by the present respondent No. 2 which is at Annexure-J to this petition.

B. Your Lordships may kindly be pleased to direct the respondents to step up the Entry Level Pay of the present petitioner to Rs. 12,540/- in pay band of Rs. 9300-34,800/- with the Grade Pay of Rs. 4600/ w.e.f. 16.03.2009 ( from the date of the promotion to the post of Gujarati Stenographer Grade- II) at par with the junior direct recruits working in the same cadre in the Metropolitan Magistrate Courts, Ahmedabad and further be pleased to direct the present respondents to pay the difference of salary along with the arrears to the present petitioner alongwith 12% interest, after revising the pay scale by extending the benefit of Entry Level Pay Scale to Rs. 12540/- with Grade pay of Rs. 4600/- to the present petitioner.

C. Your Lordships may kindly be pleased to issue a Writ of mandamus and/or writ of any other appropriate writ, direction and order to quash and set aside the Government Resolution dated 14.09.2011 issued by the Finance Department, Govt. of Gujarat to the extent that it is applicable only to the direct recruits, not to the employees those who have been promoted on the post of Stenographer Grade-II, by holding and declaring that the same is arbitrary, discriminatory and in violation of Article 14 of the Constitution of India.”

5. It appears that before filing of the present petition, the petitioner along with another employee had preferred Special Civil Application No. 20749 of 2016 seeking the following prayers:

“[A] Your Lordships 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 step up the entry level pay of the petitioners to Rs. 10810/- in the pay band of Rs. 9300- 34800/- along with grad pay of Rs. 4400/- with effect from the date of promotion of the petitioners to the post of Gujarati Stenographer Grade-II, in parity with the pay of the direct recruits in light of the Government Resolution dated 14.09.2011.

[B] Your Lordships may be pleased to issue a writ of Certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the Government Resolution No. PGR/102010/64 Pay Cell (M) dated 14.09.2011 issued by the Finance Department Government of Gujarat to the extent that it is applicable only to the direct recruits only and not to the employees who have been appointed by way of promotion ( at Annexure A);

[BB] The Hon’ble Court may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the resolution dated 27.02.2017 passed by the Advisory Committee of the Metropolitan Magistrate Court, Ahmedabad.

[C] Your Lordships 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 grant arrears to the petitioners in view of the Government Resolution dated 14.09.2011.”

6. It appears that learned Co-ordinate Bench of this Court (Coram: A.S. Supehia, J.) vide order dated 29.04.2019 had been pleased to allow the said petition.

6.1 At this stage it needs