JUDGMENT :

D.P. CHOUDHURY, J.

1. These writ petitions have been filed challenging the inaction of the opposite parties for non-sanction of revised arrear scale of pay and grant of dearness allowance (DA) to the petitioners in W.P.(C) No.15202 of 2010, W.P.(C) Nos.1638, 1639 and 3023 of 2003, W.P.(C) Nos.2478 and 2479 of 2005, W.P.(C) Nos.407, 18311, 33083, 33084, 33085, 33086 and 33087 of 2011, W.P.(C) Nos.6003 and 21222 of 2012 who have retired from service either under Voluntary Retirement Scheme or attaining the age of superannuation and the superannuation of petitioner’s husband in W.P.(C) No.930 of 2015.

2. Since the above writ petitions have got common question of law, they are being taken up together for disposal by this common judgment.

FACTS

3. The factual matrix leading to the writ petition is that petitioners in W.P.(C) No.15202 of 2010, W.P.(C) Nos.1638, 1639 and 3023 of 2003, W.P.(C) Nos.2478 and 2479 of 2005, W.P.(C) Nos.407, 18311, 33083, 33084, 33085, 33086 and 33087 of 2011, W.P.(C) Nos.6003 and 21222 of 2012 and the petitioner’s husband in W.P.(C) No.930 of 2015 were the employees of Orissa State Road Transport Corporation (hereinafter called as “the Corporation”). It is also averred that the service conditions of the employees of the Corporation are regulated under the provisions of Orissa State Road Transport Corporation Employees (Classification, Recruitment and Condition of Service) Regulation, 1978 (hereinafter called as “the Regulation, 1978”), which came into force with effect from 01.03.1978. The Regulation, 1978 was framed under Section 34 of the Road Transport Corporations Act, 1950 (in short “the Act, 1950”) under which the Corporation became a statutory Corporation.

4. Be it stated that the Corporation has adopted the scale of pay for its employees from the date of its inception as has been sanctioned by the State Government from time to time. So, the Corporation has adopted Orissa Revised Scale of Pay Rules of 1974, Revised Scale of pay Rules, 1981 and Revised Scale of pay Rules, 1989. The employees of the Corporation got the benefit of these revised scale of pay rules.

5. So far as Orissa Revised Scale of Pay Rules, 1998 (hereinafter called as “the ORSP Rules, 1998”) is concerned, the Corporation did not implement the same from the date when the State Government implemented. Rather, the same was implemented by the Corporation for its employees with effect from 16.02.2009.

6. It is further stated that the DA, as applicable to the State Government employees as per the ORSP Rules, 1998, was not made applicable to the employees of the Corporation. But, in the meantime, the Corporation introduced Voluntary Retirement Scheme (in short “VRS”) as floated by the Public Enterprise Department of Government of Orissa. So, the petitioners in W.P.(C) No.15202 of 2010, W.P.(C) Nos.1638, 1639 and 3023 of 2003, W.P.(C) Nos.2478 and 2479 of 2005, W.P.(C) Nos.407, 33083, 33084, 33085, 33086 and 33087 of 2011 and W.P.(C) Nos.6003 and 21222 of 2012 have opted for their retirement under VRS and got retired before 18.02.2009 when the ORSP Rules, 1998 was made applicable to the Corporation. The petitioner in W.P.(C) No.18311 of 2011 and the petitioner’s husband in W.P.(C) No.930 of 2015 have already retired from service on attaining the age of superannuation before such date of ORSP Rules, 1998 made applicable. After the ORSP Rules, 1998 is made applicable to the Corporation, they made representation to the Managing Director of Corporation and when no action has been taken on their representation, the present writ petitions have been filed challenging the inaction of the opposite parties in not granting differential arrear salary.

7. Be it stated that the DA to the Public Sector Undertakings was allowed by the State Government with effect from 01.07.1997 as per Public Enterprise Office Memorandum dated 07.01.1998. But, the