JUDGMENT :

1. RULE returnable forthwith. Mr.Soaham Joshi learned AGP waives service of notice of Rule on behalf of the respondent State and Mr.Dhruv Thakkar learned advocate for Ms.Falguni Upadhyaya learned advocate waives service of notice of Rule on behalf of the respondent No.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 petitioner has mainly prayed for the following reliefs:

"12(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Resp. No.1 & 2 to extend the benefit in the pay scale of Rs.4500-6300 with effect from 01/01/1986 to 31/12/1995 and the pay scale of Rs. 16400-20000 with effect from 01/01/1996 to the petitioner till he retired and further be pleased to direct the Resp. No. 1 & 2 to pay the arrears with interest.

12(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Resp. No.1 & 2 to refix the pension and other retiral benefits as per the revised pay scales and further be pleased to direct the respondents to pay the arrears of revised pension with interest;"

4. Facts in brief would indicate that the petitioner was working as a Principal of Shri N.M.College of Pharmacy, Khambhat from 07.10.1983 to 26.07.1991. The post of Principal was sanctioned by the Director of Drugs Control Administration, Gujarat State, vide order dated 18.02.1977. The petitioner joined as a Principal of the B.M.Shah College of Pharmacy i.e. the respondent no.3 on 27.07.1991 and voluntarily retired on 01.01.2005. That post was also sanctioned by the Government. It is the case of the petitioner that he was entitled to a pay scale of Rs.4500-6300/- during 01.01.1986 to 31.12.1995 and Rs.16,400-20,000/- from 01.01.1996 to 31.12.2004. The prayer in the petition is accordingly for the pay scales as referred to in the prayer.

5. Ms. Vyas learned counsel for the petitioner would submit that a representation was made by eight Principals, of which, one was the petitioner and one was Sureshbhai S. Trivedi. As a result of not granting of the pay scales, Sureshbhai S. Trivedi approached the Tribunal by preferring Application No.20 of 2003 which was allowed on 07.10.2009. Challenge to the order of the Tribunal was made by the State by filing Special Civil Application No.7422 of 2012 which was dismissed on 16.07.2015. By virtue of the order so passed, the respondent therein was granted the pay scales as prayed for by the present petitioner. Challenge to the order by the State in Letters Patent Appeal No.730 of 2016 failed inasmuch as the appeal was dismissed on 07.07.2014. The petitioner therefore is entitled to such reliefs as was granted to the respondent in Special Civil Application No.7422 of 2012.

6. Mr. Soaham Joshi learned AGP would submit that the petition is grossly belated inasmuch as after the petitioner retired voluntarily in the year 2005, he has not taken up the issue with the authorities for granting him the benefit of the pay scale. Even a representee has represented the Tribunal in the year 2003 by filing an application which was decided in October 2009. More than 14 years after the retirement, the petitioner has filed the present petition claiming the reliefs similar to that of the respondents in Special Civil Application No.7422 of 2012.

7. Perusal of the order passed by this Court in Special Civil Application No.7422 of 2012 dated 16.07.2015 would indicate that the Court after considering the resolution of the State dated 06.04.1993, observed that on the strength of the said resolution, the common pay scale of Rs.4500-6300/- was granted for the post of Principal of all the Government and Non- Government Polytechnics. The Court further considering the order of the Tribunal found that from the material available on record, the order of the Tribunal granting