JUDGMENT :

Kardak Ete, J.

We have heard Mr. L. Perme, learned counsel for the appellants and Mr. S. Tapin, learned Senior Government Advocate for the State respondents.

2. This intra-court appeal has been preferred by the appellants against the judgment and order dated 09.05.2022 passed by the learned Single Judge in WP(C) No. 85(AP)/2020.

3. The appellants, thirteen in numbers, have preferred this appeal jointly, who are working as Chowkidar in the Department of Transport, Government of Arunachal Pradesh, assailing the impugned judgment and order dated 09.05.2022 whereby the learned Single Judge has dismissed the writ petition being WP(C) 85(AP)/2020 thereby rejecting the claim of the appellants/ petitioners for grant of benefit of compensatory pay equivalent to 1 (one) month’s pay as that of the operational staff of the Department of Transports, Government of Arunachal Pradesh, the claim based on the Department order dated 09.03.2000.

4. The relevant facts for the purpose of this present appeal is that the Department of Transports, Government of Arunachal Pradesh by order dated 09.03.2000 has decided to grant the benefit of compensatory pay equivalent to one month’s pay to the operational staffs consist of 19 categories of employees in the Department in lieu of duty performed by them on Saturdays, Sundays and Holidays with certain conditions. The claim of the appellants/petitioners is that as per the terms of the order dated 09.03.2000, the only parameter required for entitlement of one month compensatory pay is that in addition to their normal duty, the employees concerned need to perform duties on Saturdays, Sundays and Holidays. Though the appellants/petitioners also in addition to their normal duties also performed duties on Saturdays, Sundays and Holidays, the post of Chowkidar in which the appellants are working, did not find place in the said order. The appellants approached the General Manager, State Transport Services, Government of Arunachal Pradesh who in turn had advocated for grant of compensatory pay equivalent to one month’s pay on the ground that the appellants/petitioners are also performing duties on Saturdays, Sundays and Holidays. The appellants have submitted several representations for grant of compensatory pay equivalent to one month’s pay by including the appellants post in the order dated 09.03.2000. On not being considered the appellants/petitioners grievances by the authorities, the appellants/petitioners approached this court by filing writ petition being WP(C) 282(AP)/2015 for the said grievances. The writ petition was disposed of on 17.09.2015 by the learned Single Judge of this Court with a direction to the Secretary, Transport Department, Government of Arunachal Pradesh, to consider their representation dated 15.06.2015. Pursuant to the said direction of the learned Single Judge, the respondent authorities considered the representation and vide letter dated 05.01.2017 informed the appellant No. 1 that the prayer for grant of compensatory pay equivalent to one month’s pay has been declined.

5. On such rejection, the appellants/petitioners have again approached this Court by filing another writ petition being WP(C) 90(AP)/2017 challenging the rejection order dated 05.01.2017 and prayed for granting of one month’s compensatory pay. The learned Single Judge vide order dated 02.04.2019 has disposed of the writ petition with a direction to consider the grievances of the petitioners based on the justification note of the General Manager, State Transport Services, Government of Arunachal Pradesh with a finding that the Court has not agreed to the grounds of rejection by the Respondents that no such compensatory pay is granted in the neighbouring States and if such pay is granted to the petitioners of the State Transport Services, the other similarly situated category of staff of other departments will a