Hon'ble RAFIQ, J.—Since common questions of facts and law are involved in these writ petitions, they were heard together and are being decided by this common judgment. For the sake of convenience, Writ Petition No.5505/2015 is taken as a leading case.

2. This bunch of writ petitions has been filed by the Additional Chief Engineer and Superintending Engineer of Public Health and Engineering Department, Government of Rajasthan, Jaipur, assailing order dated 09.04.2014 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur, (for short, 'the Tribunal'), whereby 42 Appeals, filed by employees of Public Health and Engineering Department, were allowed. Learned Tribunal, while allowing the bunch of Appeals, relied on judgment dated 17.11.2008 of a coordinate bench of this court rendered at Principal Seat Jodhpur in Writ Petition No.3631/2008 – Sohanlal Mathur vs. State. Learned Tribunal also relied on judgment dated 25.09.2012 of a coordinate bench of this court by which a bunch of writ petitions, leading one being S.B. Civil Writ Petition No.3832/2012 – Shyam Singh vs. State and Others, was allowed. The respondents therein were directed to mutatis mutandis apply the judgment of this court dated 17.11.2008 in Sohanlal Mathur, supra. While allowing the appeals, learned Tribunal directed the petitioners herein to give second selection scale to the respondents on completion of 18 years of service in the pay scale of 5000-8000 instead of 4000-6000, and third selection scale on completion of 27 years of service in the grade pay of Rs.9300-34000 with pay band of Rs.3600/- in stead of Rs.3200/- (earlier equivalent pay scale 5500-9000). It was further directed that the orders issued earlier in this regard be withdrawn and new orders, as per judgment of the Tribunal, were directed to be issued within six months from the date of judgment. In the facts and situation of every case, the appellants be given benefit of pay band and in the case of those employees, who have already retired, it was directed that they may be issued amended G.P.O., P.P.O. or C.P.O., and all the appellants be extended benefit of arrears. It was also clarified that in case the State Government has in between enhanced in the grade-pay, then the benefit of enhanced grade-pay be given to each appellants.

3. Briefly stated, facts of the case are that respondents herein filed appeals before the Tribunal for grant of benefit of second selection scale on completion of 18 years of service in the pay scale of 5000-8000 instead of 4000-6000, and third selection scale on completion of 27 years of service in the grade pay of Rs.9300-34000 with pay band of Rs.3600/- in stead of Rs.3200/- (earlier equivalent pay scale 5500-9000). The appeals were opposed by the petitioners by filing reply thereto. It was averred that as per Para 4 of the Circulars dated 25.01.1992 and 17.02.1998, if the pay scale of selection post and the post held by incumbent is same, then the incumbent has to be given the benefit of Rule 26A of the Rajasthan Service Rules, while making fixation of pay of incumbent. The respondents were granted benefit of Rule 26A while granting them the benefit of selection grades on completion of 27 years of service. Promotion channel of the post of Helper clearly envisages that the post of Fitter-I, Pump Driver-I, Turner-I and Electrician-I shall carry the pay scale of 4000-6000 and pay scale of the post of Foreman-II is also 4000-6000. Even before the Supreme Court in SLP filed against the judgment in Sohanlal Mathur, supra, the issue of grant of selection scales to employees has been left open for consideration of the State Government.

4. Shri Saurabh Saraswat, learned Deputy Government Counsel for petitioners, argued that learned Tribunal has failed to appreciate the provisions of the Rules and the Circulars dated 25.01.1992 and 17.02.1998 in their true spirit. The benefit of selection scales on completion of 18 and 27 years of service has rightly been given to the