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 th