JUDGMENT :

1. This petition under Article 226 of the Constitution of India is filed with following prayer(s):-

“31(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, declaring the action on the part of the respondent authorities in not promoting the petitioner from GAS Class-I (Senior Scale) to GAS Class-I (Selection Scale) from the date of approval of the panel on 12.11.2011, resulting in denial of promotion to the petitioner and increase in emoluments and retirement benefits, and rejection of her representation vide letter dated 30.01.2014 from General Administration Department, as bad in law, illegal, unreasonable and violative of Articles 14, 16 and 21 of the Constitution of India and quashing and setting aside the same.

(B) Your Lordships may be pleased to issue a writ of mandamus commanding the respondent authorities to promote the petitioner from GAS Class I (Senior Scale) to GAS Class I (Selection Scale) with retrospective effect from the date of approval of the select list on 12.11.2011 with all the consequential benefits, such as revision of her retirement benefits on her retirement on superannuation on 30.11.2011.

(C) ...

(D) ...”

2. It is a case where the petitioner is claiming a pay-scale of a promotional level in the administrative service where the administrative decision was taken by the State Government, but before the same could be implemented, the petitioner retired on attaining the age of superannuation, and therefore, was deprived of the next higher scale of promotional level. It is submitted that it was only on account of delay on the part of the State Government not implementing the administrative decision as a result of which the petitioner has to face a substantial monetary loss.

3. Learned advocate for the petitioner submitted that the issue arose when a demand was made by the Gujarat Administrative Association to the General Administration Department to grant higher pay-scales above the level of Additional Collector, as there were no avenues for promotion and hence, the officers were facing stagnation.

3.1 The State did take a decision to restructure the cadre to overcome the stagnation issue raised by the officers and accordingly, Government Resolution dated 21.02.2009 came to be passed, wherein the cadre was revised.

3.2 For the purpose of the present case of the petitioner, the claim would be to place the petitioner in the newly created senior scale or selection scale, as would be applicable to the petitioner dependending upon her status in the selection process.

3.3 It is submitted that after having undergone the entire selection process, the petitioner was found entitled to the selection process at the hands of DPC was found suitable for selection scale. Along with the petitioner, the other candidates were also found suitable and accordingly, as per their merits were given senior scale and selection scale, respectively. However, when it came to passing of the necessary orders, the petitioner had retired and hence, the other co-employees were given the benefits, whereas the petitioner was deprived of the same.

3.4 Learned advocate for the petitioner submitted that as the petitioner was already holding the post of Additional Collector GAS Class-I (Senior Scale) with effect from 05.08.1997 and having completed more than 5 years was eligible for promotion to the next level as GAS Class-I (Selection Scale). The case of the petitioner was considered by the DPC in the meeting conveyed on 25.02.2011 for preparing the selection list of officers of GAS Class-I (Senior Scale) for promotion to GAS Class-I (Selection Scale). He drew attention of this Court to the Minutes of the Meeting of the DPC and submitted that 57 posts in the level of GAS Class-I (Selection Scale) were vacant and were available to be filled up. The DPC had considered the case of 9