JUDGMENT :

L. Rath, J. - The petitioners are Private Secretaries of the Judges of the Orissa High Court seeking the relief of retrospective operation of the Home Department's resolution of 27-7-1991 (Annexure-7) granting them the Class-lI gazetted status and the scale of pay of Rs. 1976-2975/- with effect from 1-1.1-1986 and some other reliefs. During the hearing of the case the claim was developed for retrospective grant of the scale of pay from 1-2-1985, the date from which the Private Secretaries of the Secretariat received the scale of pay. The facts placed by the petitioners for claiming the reliefs are that the Personal Assistants of the Judges of the Orissa High Court, which from the cadre from which promotion to the post of Private Secretary is made, were allowed relief of the scale of pay of Rs. 1365-2385 with effect from 1-11-1986 as per the Government's Setter dated 30-9-1989 in pursuance of the judgment of this Court reported in 68 (1989) CLT 760 (Narayan Sahoo v. State), Because of such grant of scale of pay the position became anomalous as the petitioners who were in higher rank . were made to receive at the initial stage the lower pay of Rs. 1350/- since the scale of