The main legal point established in the judgment is the entitlement of employees to a higher pay scale as per the Government Resolution dated 16.08.1994 and the recruitment rules, based on their respective completion of service.

JUDGMENT :

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents.

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

3. Ms. Balodi, learned counsel for the petitioner would rely on Common Oral Judgment passed in similar matter by this Court namely; Special Civil Application No.5526 of 2021 and allied matters dated 03.08.2022 so far as second higher pay scale. Moreover, in such judgment, reference of Special Civil Application No.5170 of 2019 dated 15.07.2022 which covers the issue of first higher pay scale. She further requested this Court to pass a similar order in this matter too. The order dated 03.08.2022 reads as under:

“1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP waives service of notice of rule on behalf of respondent State.

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

3. These petitions pray for the benefit of second higher pay scale on completion of 24 years of service. It is not in dispute that the petitioners have been granted the benefit of the first higher pay scale of Rs.2000-3500/-. The entitlement of the similarly situated petitioners who had not been granted the benefit of Rs.2000-3500/- as the first higher pay scale, has been decided by this Court by order dated 15.07.2022 passed in Special Civil Application No.5170 of 2019 which order reads as under:

“1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP waives service of notice of rule on behalf of respondent State.

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

3. By way of the present petition, the petitioners have prayed for the following prayer:

“(A) Directing the Respondents to grant higher pay scale of Rs.2000-3500 to the petitioners from the date of completion of nine years service and be pleased to direct the respondents to revise their pay and retiral benefits accordingly and grant the same with interest at the rate of 9% per annum.

(B) Be further pleased to direct the respondent authorities to consequently grant second higher grade pay scale to the petitioners, having completed requisite length of service under Government Resolution dated 02-07-2007 with interest at 9% per annum, from the date of grant of first higher grade and not from the date of regular promotion to the post of Child Development Programme Officer.

(C) Be pleased to direct the respondents to re-fix the pay and consequential benefits including the retiral benefits of the petitioners corresponding to 7th Pay Commission Report upon granting of aforesaid prayers.”

4. Facts of the petition indicate that the petitioners were serving as Child Development Project Officers who were granted the pay-scale of Rs.2000-3500 from the date of passing of their departmental examination. The grievance on the part of the petitioners is that rather than granting such pay-scale from the date of passing the departmental examination, such higher pay scale of Rs.2000-3500 was to be granted from the date of completion of 9 years of service.

5. Ms. Himanshi Balodhi, learned advocate appearing for the petitioners would submit that not paying of higher payscale of Rs.2000-3500 from the respective dates of their entitlement i.e. from the date of completion of 9 years of service is bad. As far as the case of granting benefits from the date of passing of departmental examination is concerned, she submitted that the said issue is decided by this court by way of Special Civil Application No. 8181 of 1998. She would submit that the stand of the State to deny the benefit of the pay-scale of Rs.2000-3500 based on the schedule of the Government Resolution dated 16.08.1994 on the ground that the next higher pay-scale after Rs.1400-2600 was Rs.1640-2900 and not Rs.2000-3500 is misconcei