IMPORTANT POINT
The main legal point established in the judgment is the entitlement of employees for the first higher grade benefit based on their initial entry in service, as interpreted from the Government Resolutions and previous court decisions.

JUDGMENT :

1. The present group of petitions is arising out of the common question of law and facts. The Court has taken up the petitions for hearing by treating Special Civil Application No.2358 of 2016 as a lead matter and for the sake of convenience, the facts are taken from the said petition. So far as the lead matter, i.e. Special Civil Application No.2358 of 2016 is concerned, the same is arising from the following background of facts :

1.1 It is the case of the petitioner that the petitioner had joined service on 20.07.1982 and thereafter, he was sent for Pre Service Examination from 14.03.1988 to 12.05.1988 at Rajkot. The petitioner passed the said examination in 4th attempt as per the notification of the Sardar Patel State Administration Bhavan, Ahmedabad dated 18.01.1991. It is the say of the petitioner that as per his initial entry in service on 20.07.1982, he was given the benefit of higher grade vide order of District Development Officer, Jamnagar dated 13.10.1992 as per the resolutions of the State Government dated 5.7.1991 and 16.8.1994 and other resolutions of the State Government issued from time to time w.e.f. 20.7.91 in the pay scale of Rs.1200- 2040. The DDO Jamnagar thereafter cancelled the first higher grade benefit vide his order dated 27.4.1998 considering the date of his passing the pre service training examination. It is the say of the petitioner that the passing of the pre service training examination could not come in his way for the purpose of seniority and entitlement for first higher grade and he is entitled for higher grade benefit only on the basis of his first/initial entry in service but the respondents granted him benefit of first higher grade on the basis of passing of the said examination by order dated 18.9.2000 with effect from 18.9.2000 and thereby, deprived him of the benefit of first higher grade on completion of nine years from the date of his joining service.

1.2 It is the case of the petitioner that the petitioner was sent for Pre Service Training Examination as per order of the Dy. DDO (Estt) District Panchayat, Jamnatar dated 8.3.1988 and he passed the said training examination in Special Attempt for which permission was granted by the Under Secretary, Panchayat and Rural Housing Development Department dated 10.7.1991 wherein, he passed the said examination as stated above. Since the request of the petitioner to grant him benefit of 1st higher grade on completion of nine years from the date of his joining the service was not granted by the respondent authority, the petitioner had filed Special Civil Application No.17507 of 2012 with other allied matters before this Court wherein, this Court passed common order dated 17.6.2015 quashing and setting aside two orders dated 27.4.1998 and 18.09.2000 and directed the DDO Jamnagar to hear the petitioners and then pass fresh order determining the exact date of the benefit of first higher grade. It was clearly directed by this Court that the DDO Jamnaar shall keep in mind GR dated 7.4.1995 and to complete the exercise within eight weeks from the date of the said order. Thus, within eight weeks from 17.6.2015, the respondent DDO Jamnagar was required to decide the matter in terms of the order dated 17.6.2015 but after inordinate delay, the respondent DDO Jamnagar rejected his claim by order dated 27.11.2015. The said order is passed by the respondent authority without taking into consideration the GR dated 7.4.1995 in its proper perspective though it was directed by this Court. Thereafter, the petitioner had made several representations to the respondent authorities for deciding his case as per the direction of this Court but in no vain.

2. The present group of petitions raising almost similar issue with respect to inaction on the part of the respondent – authority has been brought before this Court by exercising the jurisdiction under Article 226 of the Constitution of India. Almost similar reliefs are prayed for and as such, the relief clause