IMPORTANT POINT
The court reaffirmed the principle that equally situated persons should be treated equally in consonance with Articles 14 and 16 of the Constitution of India.

JUDGMENT :

1. Present petitions are filed by the respective petitioners under Article 226 of the Constitution of India for the following reliefs;

“(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents herein to apply the oral judgment dated 31.03.2014 passed in Letters Patent Appeal No.834 of 2012 and Government Resolution dated 28.07.2015 to the petitioners;

(B) Your Lordships may be pleased to declare that the inaction on the part of the respondent authorities of applying the oral judgment dated 31.03.2014 passed in Letters Patent Appeal No.834 of 2012 and Government Resolution dated 28.07.2015 to the petitioners is bad in law, arbitrary, capricious, discriminatory and violative of the petitioners’ fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India;

(C) Your Lordships may be pleased to declare Government Resolution dated 08.10.1992 as arbitrary and discriminatory and thus violative of Articles 14 and 16 of the Constitution of India to the extent that it made the revision of pay scale of the petitioners effective from 01.04.1992 instead of 01.01.1986;

(CA) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned Government Resolution dated 27.03.2017 from the Panchayat, Rural Housing and Rural Development Department as illegal, arbitrary and discriminatory and thus violative of Articles 14 and 16 of the Constitution of India and quashing and setting aside the same.

(D) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to apply the pay scale of Rs.1640 – 2900 to the petitioners from 01.01.1986 and not from 01.04.1992 and consequently, refix their pay in the corresponding pay scales recommended by the Fifth, Sixth and Seventh Central Pay Commissions with corresponding revision of retirement benefits, such as pension, gratuity etc. accordingly, wherever applicable;

(E) Pending admission and final hearing of the present petition, Your Lordships may be pleased to direct the respondent authorities to consider the case of the petitioners for grant of pay scale of Rs.1640 – 2900 with effect from 01.01.1986; and

(F) Your Lordships be pleased to pass any other appropriate order, as deemed fit, in the interest of justice;”

2. As both the petitions are arising out of the same issue, they are being disposed of by this common judgment.

3. The issues arise in both the petitions are to give effect to the Government Resolution dated 09.10.1992 from 01.01.1986 instead of 01.04.1992 and to pay the arrears of difference in salary and difference in increments with interest and refix the salaries / pay of the Additional Assistant Engineers.

4. As both the petitions are relating to the same issue, both the petitions have been tagged and the same are disposed of by this common judgment by treating Special Civil application No.2100 of 2016 as lead matter.

5. So far as the lead matter, i.e. Special Civil Application No.21100 of 2016 is concerned, same is arising from the following background of facts:-

5.1 The petitioners came to be appointed as Additional Assistant Engineers in the roads and Building Division and Irrigation Division of Bhavnagar District Panchayat and some of the petitioners were retired from the services on their attaining the age of superannuation. It is the case of the petitioners that the recommendations of the Fourth Pay Commission came in the year 1986 and the State Government accepted the recommendations of the Pay Commission. That the pay scales of the Assistant Engineers and Additional Assistant Engineers were revised by the Gujarat Civil Services (Revision of Pay) Rules 1987 w.e.f. 01.01.1986 and the pay scale of Assistant Engineer was revised from Rs.550 – 900 to Rs.1640 – 2900 and that of Additional Assistant Engineers from Rs.425 – 700 to Rs.1