JUDGMENT :

1. These two petitions are filed for common reliefs and raising identical issues and hence, both the matters are taken up for joint hearing and disposal. The facts are extracted from Special Civil Application No.5508 of 2015.

2. This petition is filed by two petitioners, inter alia, for following prayers as under:-

“(B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the illegal, illogical, arbitrary, discriminatory action of respondent authorities in not considering the petitioners for granting Deemed Date in the cadre of PHN Tutor, though, petitioners were eligible and entitled to be considered for the promotion as PHN Tutor w.e.f. 04.03.1992, therefore be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to pass appropriate orders for granting Deemed Date in the cadre of PHN Tutor w.e.f. 04.03.1992 to the petitioners and respondents may kindly be further directed to grant all the benefits including consequential benefits, difference of salary w.e.f. 04.03.1992 and the same may be ordered to be granted to the petitioners with 12% interest;

(C) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the communication / order dated 21.02.2015 of the respondent authorities; Be pleased to issue appropriate writ, order or direction and be pleased to restrain the respondent authorities;-

(D) Be pleased to issue appropriate writ, order or direction and be pleased to restrain the respondent authority from undertaking/finalizing the procedure in respect of filing up the post of Principal Nursing Officer without considering the cases of the petitioners for the same.

(E) Be pleased to grant interim relief and by way of interim order, be pleased to restrain the respondent authorities from filing up the true posts of Principal Nursing Officer, pending admission, hearing and final disposal of the present Petition;

(F) Be pleased to issue appropriate writ, order ordirection and be pleased to direct the respondent authorities to grant the Deemed Date of 04.03.1992 to the petitioners, as the date on which other junior employee viz. Smt. Manjulaben M. Bagthariya has been promoted as PHN Tutor, though, she was junior then the petitioners in respect of eligibility of PHN Tutor, though other juniors Shri R.G. Nai and Smt. Pratiksha J. Brahmbhatt have also been granted Deemed Date w.e.f. 04.03.1992, therefore, the respondents may kindly be directed to grant Deemed Date of 04.03.1992 with all consequential benefits to the petitioners, as aforesaid junior employees have already been granted the Deemed Date of PHN Tutor w.e.f 04.03.1992;”

3. It is a case where the petitioners are claiming to grant deemed date of 04.03.1992 to the petitioners as one another junior colleague Smt. Manjulaben M. Bagthariya, who acquired eligibility criteria for Public Health Nurse subsequent to the eligibility criteria acquired by the petitioners, however, said Smt. Manjulaben M. Bagthariya came to be promoted as Public Health Nurse on 04.03.1992 and petitioner No.1 came to be promoted as Public Health Nurse on 13.11.2000 and petitioner No.2 came to be promoted as Public Health Nurse on 17.08.2000.

4. Thus, without any justifiable reasons, the petitioners were not considered for promotion when order of promotion came to be issued on 20.02.1992 in case of Smt. Manjulaben M. Bagthariya, though, thereafter, the petitioners have made number of representations, requesting the authorities to grant deemed date in the cadre of Public Health Nurse.

5. Recently, a decision has been taken dated 21.02.2015 and concerned authorities have observed that, as the issue has not been finalized by the State Government, the request of the petitioners for granting deemed date in the cadre of Public Health Nurse could not have been considered, therefore, the said communication dated 21.02.2015 as well as action of the concerned respondent authorities o