JUDGMENT :

1. By way of these petitions, all these petitioners who are doctors in Ayurvedic Branch whose initial appointment was in Class – I cadre and subsequently, by way of direct recruitment were appointed in Class – I cadre have prayed for the benefits of higher pay scale, upon completion of 6 years in Class-I cadre from the date on which they have completed 6 years in Class-I cadre as per the Government Resolution dated 17.10.1994 and clarificatory Circulars dated 06.03.1997 and 22.07.1997. The petitioners have further prayed for 12% interest and to pass necessary directions considering the directions issued by the Hon’ble Apex Court in Special Leave to Appeal (Civil) Nos. 8635 to 8639 of 2014 dated 08.09.2014.

2. Considering the fact that except for the date of appointment in Class-II and Class-I cadre, since, the other relief prayed for by the petitioners are more or less similar in nature and mainly the grievance of the petitioners is that the petitioners have not been granted the benefit of higher pay scale on completion of six years service in Class-I cadre as per the Government Resolution dated 17.10.1994 and subsequent clarifactory circulars, all the prayers prayed for by the petitioners are not reproduced.

3. The facts are stated in nutshell are as under:-

All the petitioners of three petitions are Ayurveda doctors and all the doctors are having Post Graduate qualification in the Branch of Ayurveda Medicine. Initially their appointment was in the Class-II cadre, upon clearing the selection procedure undertaken by the Gujarat Public Service Commission and thereafter, all the petitioners once again appeared in the examination undertaken by the GPSC for Class-I cadre and completed the same.

The Government in the year 1994, accepted the recommendation made by TIKU pay commission and published the Government Resolution dated 17.10.1994 whereby to meet with the situation of having no promotional avenues and to redress the frustration amongst the medical officers, the benefit of higher pay scale was granted to the Medical Officers in Class-II cadre. As per the Government Resolution dated 17.10.1994, Medical Officer, Class-II would be entitled to higher pay scale on completion of six years services in Class-II cadre. The present petitioners could not complete six years services in Class-II cadre but they have completed six years service in Class-I cadre and therefore, they are asking for the similar treatment of grant of higher pay scale by making the Government Resolution dated 17.10.1994 applicable to their case also and therefore, this petition is preferred.

The stand taken by the Government in all these petitions is that the Government Resolution dated 17.10.1994 and all subsequent circulars are applicable only to the medical officers of Class-II cadre and cannot be made applicable to medical officers in Class-I cadre and therefore, the demand made by the petitioners cannot be accepted.

4. It is the case of the petitioners that the similar issue had arisen in the past and some identically situated persons preferred a petition being Special Civil Application No. 15871 of 2015 with Special Civil Application No. 15879 of 2015 in case of Rajendraprasad Natwarlal Jani V/s. State of Gujarat and the same was decided by common oral order dated 23.11.2016 by the learned Single Judge and while allowing the petition, the respondent – State was directed to disburse the benefits of higher pay scale to the petitioners within a period of 12 weeks from the date of receipt of this order.

5. The aforesaid order was carried in appeal before the Division Bench of this Court by way of Letters Patent Appeal No. 67 of 2018 in Special Civil Application No. 15879 of 2015 with Letters Patent Appeal No. 68 of 2018 in Special Civil Application No. 15871 of 2015 and in the said Letters Patent Appeals, the Division Bench of this Court vide order dated 30.01.2018 admitted the Letters Patent Appeals. In Civil Application (for Stay) No. 600 of 2018 in Lette