Hon’ble Dr. D.Y. Chandrachud, C.J.—In the writ proceedings out of which this reference to the Full Bench arises, the seven petitioners seek a mandamus directing the State and its officers to allow to them the scale of pay admissible to Assistant Regional Transport Officers for the period during which they discharged the duties of Assistant Regional Transport Officers, prior to their substantive appointment to the post.

2. The case of the petitioners is that they were regularly promoted on the post of Assistant Regional Transport Officer (ARTO) in 2003 from the lower post. On 18 July 2003, an order was issued by the Principal Secretary in the Transport Department in the name of the Governor, promoting the petitioners on the post of ARTO. They claim that between 1996 to 2003, they were required to discharge the duties of the post of ARTO. Hence, for instance, by an order dated 13 June 1997, a direction was issued by the Commissioner of Transport, requiring some of the petitioners, who were working as Regional Inspectors (Technical) to discharge the duties of ARTO, though in the substantive post of Regional Inspector (Technical). Relying on the provisions of Para 49(i) of Chap