JUDGMENT :

BIREN VAISHNAV, J.

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondents.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. By way of this petition, under Article 226 of the Constitution of India, the petitioners have prayed that they be extended the benefits of the old pension scheme as applicable to the regular employees appointed before the 1.4.2005.

4. The facts in brief would indicate that the petitioners are serving at various police stations as Constables. They are appointed in the year 2006-2007. The case of the petitioners is that on 1.1.2004, the respondent made a policy for recruitment to the posts of Lok Rakshak on a fixed pay of five years by virtue of which it was decided to make recruitment to the posts of Lok Rakshak. On 7.2.2004, an advertisement was published by the Gujarat Subordinate Services Selection Board for recruitment to the Lok Rakshak. Physical Tests were conducted in May/June, 2004 and