JUDGMENT

Abdul Moin, J.

Heard learned counsel for the petitioners, learned Standing Counsel appearing for the State-respondent no.1 as well as Shri N.C. Mehrotra, learned counsel appearing for respondent nos. 2 & 3.

2. By means of this instant petition, the petitioner has prayed for following reliefs:

"(1) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 10.09.2015, passed by respondent no.2, as contained in Annexure no.1 to the petition.

(2) Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and grant the petitioners the benefits of the pay scale of Rs.2000-3500/- in the 5th Pay Commission w.e.f. 01.01.1996 as well as the pay scale of Rs.15600-39100/- in the 6th Pay Commission w.e.f. 01.01.2006 with Grade Pay of Rs.5,400/-, as have been given to the persons, who are admittedly juniors to the petitioners.

3. Brief facts of the case as set forth by the petitioner is that all the petitioners were appointed as Stenographers in Mandi Parishad on various dates between 1985-1987. In the year 2008, the petitioners were given time scale promotion in the pay scale of Rs.2200-4000/- w.e.f. from the date upon completion of 14 years of service.

4. On 24.05.2008, an office memorandum was issued granting benefit of selection grade to the petitioners upon completion of 19 years of service w.e.f. the due dates.

5. In the interregnum, a Writ petition No.2459(S/S) of 1996 was filed before this Court by some identically placed persons, including some juniors and seniors, seeking benefits of 5th & 6th Pay Commission. This Court vide judgment and order dated 20.01.2009 in Writ Petition No.9540(S/S) of 2006 in Re: Kamlesh Kumar Yadav and Others v. State of U.P. and Others directed the respondents to reconsider the case of the said petitioners for implementation of the recommendations of the 5th Pay Commission. The said order also required the respondents to deal with the matter taking into an account the pay scales allowed to similarly placed stenographers working in the other Head Quarters of the other Government Departments or in the Secretariat and due consideration will be given taking into account the pay scales allowed to the Ministerial employees of the Secretariat. A copy of order dated 20.01.2009 is Annexure no. B-7 to the counter affidavit.

6. Subsequent thereto upon an application for modification being filed, the writ Court vide order dated 15.09.2009, a copy of which is annexure no.B-9 to the supplementary counter affidavit dated 27.10.2016 considering that the said petitioners had submitted that in the Rajya Krishi Utpadan Mandi Parishad, the Stenographers were designated as Private Secretaries, the Court provided that the said petitioners, who were Private Secretaries in the Mandi Parishad, will be entitled for the benefits arising out of the judgment and order dated 20.01.2009 and in place of the Stenographers, the petitioners would be treated as Private Secretaries.

7. In compliance thereof, the respondents passed various orders dated 08.02.2014, a copy of which has been filed cumulatively as Annexure no.6 to the petition, whereby in pursuance of the directions issued by the writ Court dated 20.01.2009 and 15.09.2009, the benefit of the 5th & 6th Pay Commission were extended to the petitioners of the said writ petition.

8. The petitioners herein alleging themselves to be Seniors to some of the said persons who were extended the benefit of the judgment of the writ Court in Kamlesh Kumar Yadav and Others (supra) seeking the benefit of 5th & 6th Pay Commission approa