JUDGMENT :

Abdul Moin, J.

Heard learned counsel for the petitioners and learned counsel for the respondents.

2. By means of the present petition, the petitioners have prayed for the following reliefs:-

"(i) Issue a writ in the nature of certiorari quashing the impugned orders dated 09.07.1990 contained in Annexure No.3, orders dated 25.02.1989 and 19.06.1989, 03.04.1996 contained in Annexure Nos. 8, 9 & 10 respectively to the writ petition to the extent these orders discriminate between direct recruited and promotee Assistant Accountants in the matter of grant of time scales and also quash the order dated 27.02.2012 contained in Annexure No.5 to the writ petition.

(ii) A writ in the nature of mandamus commanding the opposite parties to give all benefits of service including grant of time scales to petitioners at par with directly recruited Assistant Accountants i.e. by treating date of joining the post of Assistant Accountants induction point for the purpose of grant of 1st, 2nd, 3rd time bound pay scales and in consequence pay arrears of salary with interest @ 12% per annum."

3. The case set forth by the petitioners is that they are working in the respondent Corporation. Regulation 5 of the U.P. State Electricity Board (Accounts Staff Services) Regulations, 1970 (hereinafter referred to as 1970 Regulations') provides for recruitment to various posts in the service. Regulation 5 (2) of 1970 Regulations provides recruitment for the post of Accountant as 50% by direct recruitment and 50% by promotion. Similarly recruitment to the post of Assistant Accountant is 45% by direct recruitment, 45% by selection out of Office Assistants employed in subordinate offices and 10% by promotion from Accounts Clerks in the manner prescribed under Regulation 21-B of 1970 Regulations.

4. On 26.07.1977, the Uttar Pradesh State Electricity Board (for short, 'Board') issued an order in respect of all Class III & Class IV employees (excluding Junior Engineers) who had put in 10 years service in regular cadre up to 31.03.1977 to be given the scales next higher to the post on which they had been working on 31.03.1977 with effect from 01.04.1977, the designation remaining the same. Copy of the Board's order dated 26.07.1977 is Annexure-1 to the petition. On 27.12.1986, another order was issued by the Board by which 10 years period of service was reduced to 9 years. Copy of the order dated 27.12.1986 is Annexure-2 to the petition. On 09.07.1990, another Board's order was issued by which it was provided that in case any employee gets two promotion before completing first 9 years of service then he will get the benefit of next scale after completion of 16 years of service provided the benefit of next scale is not available prior to 01.04.1983. Likewise it was provided that in case any employee is given third promotion, the benefit of next scale shall be available only after completing 21 years' of service provided the same was not available prior to 01.12.1987. Copy of the Board's order dated 09.07.1990 is Annexure-3 to the petition. By means of another order dated 29.09.1998, the Board provided that the benefit of first, second and third time scales of pay would be provided after completing 9, 14 and 19 years of service instead of 9, 16 and 21 years of service as provided earlier. Copy of the Board's order dated 29.09.1998 is Annexure-4 to the petition.

5. The Assistant Accountants, who had been directly recruited and those who had been selected out of Office Assistants, were granted the first, second and third time scales of pay by taking the pay scales of Assistant Accountants as the induction post but with respect to those Assistant Accountants including the petitioners, who had been promoted from the post of Accounts Clerk, were denied the benefit of time scale. This, according to the petitioners, has resulted in an anomalous situation of the alleged juniors of the petitioners despite being in the same cadre getting a higher pay scale on account of their dir