JUDGMENT :

Biren Vaishnav, J.:--

1. Rule returnable forthwith. Ms. Surabhi Bhati, learned AGP waives service of notice of rule on behalf of respondent State.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order dated 24.12.2018 passed by the respondents denying the petitioners the benefit of the second higher pay scale on the ground that at the relevant time the petitioners had not passed their SSC examination which was required by virtue of notification dated 25.08.1981.

3. The petitioner no. 1 has died pending the petition and his legal heirs are on record. Facts in brief would indicate that the petitioners no. 1 and 2 were initially appointed as Forest Guards in the year 1974 and 1972 respectively. They were granted first higher pay scale with effect from 01.06.1987 which was subsequently modified and by orders dated 08.04.2009 the deceased petitioner no. 1 and petitioner no. 2 were granted first higher pay scale with effect from 11.11.1991 and 01.07.1990 respectively.

3.1. In an earlier round of litigation, the petitioners were constrained to approach this court by filing Special Civil Application No. 21621 of 2016 wherein the prayers were for a direction to grant the second higher pay scale with effect from 11.11.2006 as they had completed 15 years of service from their respective dates of the grant of first higher pay scale in accordance with condition 4(b) of the resolution dated 02.07.2007. This court by an order dated 29.01.2018 considered the case of the present petitioners and in para 16 observed as under:

"16. So far as two petitioners in Special Civil Application No. 21621 of 2016 are concerned, they were also appointed in 1974 as Forest Guard. Since they were not promoted to the post of Forester, they also filed civil suit. The learned trial Court allowed the suit with direction to the respondents to promote petitioners (of Special Civil Application No. 21621 of 2016) to the post of Forester w.e.f. November 1992. In the said case also, the first appeal as well as the second appeal failed. The respondents granted benefit of promotion to the post of Forester and deemed date from 11.11.1991 and thereby complied the judgment. Petitioner No. 1 in Special Civil Application No. 21621 of 2016 retired from service on superannuation on 30.6.2010, whereas petitioner No. 2 voluntarily retired from service on 30.4.2011."

3.2. Since there were two other petitions filed, this court considering the claim of the petitioners in denying the benefit of second higher pay scale observed as under:

"20. With the said claim and assertion, the petitioners have challenged the decision of the respondents denying the benefit of second higher pay scale. Below mentioned grounds have been raised where the petitioners support the relief prayed for:

"8) As per the Government Resolution dt. 2.7.2007, the petitioner is entitled to 2nd higher pay scale after completion of 15 years of service of 1st higher scale pay scale. Hereto annexed and marked Annexure 'G' is a copy of the Government Resolution dt 2.7.2007. The petitioner was granted 1st higher pay scale w.e.f. 11.11.1991, therefore he is entitled to 2nd higher pay scale w.e.f. 11.11.2006.

9) As per the Government Circular dt. 12.8.2008, the employees who did not pass the departmental examination are entitled to the 2nd higher pay scale. Hereto annexed and marked Annexure "H is a copy of the circular dt 12.8.2008. This circular has been amended vide circular dt. 3.12.2009. Hereto annexed and marked Annexure 'I' is a copy of the Government Circular dt. 3.12.2009.

10) By the order dt. 28.7.2010, the other similarly situated employees were granted 2nd higher pay scale as per the Government Resolution dt. 2.7.2007 on the basis of the above circular dt 3.12.2009. Here annexed and marked Annexure "J" is copy of the letter dt. 28.7.2010. It is inter alia stated in the condition no. 4 of the above order that whose employees who did not pass the departmen