IMPORTANT POINT
The main legal point established in the judgment is that the petitioners were entitled to the benefits of the revised pay scale as per the judgment of the Division Bench, which was confirmed and approved by the Apex Court.

JUDGMENT :

1. In view of the fact that identical issue is involved in all the petitions, they are disposed of by this common judgment by treating Special Civil Application No.18621 of 2016 as lead matter. In the said lead matter being Special Civil Application No.18621 of 2016, the petitioner has prayed for below mentioned relief’s:-

“(A) Your Lordships may be pleased to issue appropriate writ, order or direction thereby directing the respondents to pay the benefits of revised pay scale to the petitioner from 1.1.1986 as per order dated 31.03.2014 passed in L.P.A. No.834 of 2012 by this Honourable Court and order dated 30.7.2015 passed in M.C.A. No. (Contempt) No. 1868 of 2015 in the interest of justice.

(B) Your Lordships may be pleased to direct the respondent to pay the benefits of revised pay scale to the petitioner from 1.1.1986 as per order dated 31.03.2014 passed in L.P.A. No.834 of 2012 by this Honourable Court and order dated 30.7.2015 passed in M.C.A. No. (Contempt) No. 1868 of 2015 in the interest of justice.

(C) Your Lordships may be pleased to grant such other an further interim or other relief/s as may be deemed fit and proper in the interest of justice."

2. So far as the lead matter, i.e. Special Civil Application No.18621 of 2016 is concerned, same is arising from the following background of facts:-

2.1 The petitioner was working with public health department as Additional Assistant Engineer with respondent and vide Resolution dated 31.12.1980 the service of the petitioner was transferred to Board. As per the said resolutions the employees, who were transferred to the Board, will be entitled to all the benefits as given to the employees of Public Health Department. The petitioner was transferred in Narmada Water Resources, Water Supply and Kalpsar Department. In the month of March, 1991, the pay scale of Assistant Engineers was revised from Rs.1640-2400 to 2000-3200 w.e.f. 1.1.1986. The said benefit of revised pay scale was not given to Additional Assistant Engineers of the various Departments and therefore, Special Civil Application No.451 of 1991 came to be filed. The said petition came to be withdrawn on 24.9.2012 with an assurance given by the respondent that the pay scale of the Additional Assistant will be revised and thereafter, the said pay scale was revised from 1.4.1992 instead of 1.1.1986 and therefore, Additional Assistant Engineer Association again approached this Court by way of filing Special Civil Application No.5210 of 1995 which was dismissed by this Court. Against the said order, Letters Patent Appeal No.834 of 2012 came to be preferred by the Association and the said Appeal came to be allowed vide order dated 31.3.2014 with direction to the respondent authorities to pay the revised pay from 1.1.1986 instead of 1.4.1992. In view of noncompliance of the order by the respondent authorities, Misc. Civil Application (contempt) No.1868 of 2015 came to be preferred. Thereafter, on 28.7.2015 a resolution came to be passed by respondent giving pay scale from 1.1.1986, as per order dated 31.3.2014 which will be subject to SLP to be preferred by the respondent before the Hon’ble Apex Court. On 30.7.2015, this Court directed the respondent authorities to abide by the declaration and further directed the respondents to make the computation in pursuance to the resolution dated 28.7.2015 and actual payment was to be made on or before 13.8.2015. On 7.8.2015 a letter was issued to all the departments by respondent to give benefits of revised pay scale to all the Additional Assistant Engineers and also to take undertaking. Thereafter, on 22.8.2016 as the petitioner was not given benefits of revised pay scale, he has sent legal notice to the respondent through advocate which was replied by respondent on 2.9.2016.

3. In view of the above facts, since the respondent authorities has not given benefits of revised pay scale to the petitioners, the petitioners have preferred present petition before this court and prayed f