JUDGMENT :

(1.) RULE returnable forthwith. Ms.Sejal Mandavia learned advocate waives service of notice of Rule on behalf of respondent No.1 and Mr.Kurven Desai learned AGP waives service of notice of Rule on behalf of respondent Nos.2 and 3.

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

(3.) By way of this petition under Article 226 of the Constitution of India, the petitioners have made the following prayers:

"(A) hold that petitioners are entitled for second higher grade scale upon their completion of fifteen years of service from the date of receipt of first higher grade scale pursuant to Government Resolution dated 02.07.2007 and clarification thereof of the Finance Department dated 04.03.2008, and same is so settled by this Honourable Court qua similarly placed employees of the Gujarat Maritime Board vide order dated 16.01.2020 passed in Special Civil Application Nos.10318 and 10320 of 2018 as confirmed vide order dated 09.09.2020 passed in Letters Patent Appeal Nos.504 & 506 of 2020 and order dated 08.02.2021 passed in Special Leave to Appeal (c) No.1284 of 2021 and 1505 of 2021, and

(B) direct the respondent authorities to grant second higher grade scale of Rs.9300- 34800, GP Rs. 4400 to petitioners from their respective due dates with all consequential benefits including arrears and consequential fixation of pay and pension with appropriate revision, and

(C) further be pleased to direct the respondent Board to pay interest on delayed payment on amount flowing from prayer clause, at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and

(D) award the cost of this petition, and

(E) pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to take decision with regard to grant of second higher grade scale to the petitioner from their due date, and

(F) pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to grant the second higher grade scale to the petitioners"

(4.) The petitioners are employees of the Maritime Board. The statement showing service details of each of the petitioners is as under:

(5.) Facts in brief would indicate that they are praying for the benefits of the second higher pay scale upon their completion of 15 years of service from the date of receipt of the first higher grade scale pursuant to the resolution dated 02.07.2007.

(6.) Ms.Harshal Pandya learned counsel for the petitioners would submit that the issue of granting such benefits is covered by a decision of this Court rendered on 16.01.2020 passed in Special Civil Application No.10318 of 2018.

(7.) The order of this Court, when taken in Letters Patent Appeal, the Letters Patent Appeal was dismissed on 09.09.2020 and this decision was confirmed before the Supreme Court. Relying on the same order, the petitioner of Special Civil Application No.8600 of 2020 was also granted similar benefits.

(8.) Accordingly, it is not in dispute that the issue of granting of the second higher pay scale on completion of 15 years of service after completing the nine years of service in the first higher grade scale has to be granted to the petit