M. R. CALLA, J. ( 1 ) SPECIAL Civil Application No. 2539 of 1982 has been filed by Trained Nurses Association of All India, Gujarat State Branch and Special Civil application No. 2541 of 1982 has been filed by Gujarat Rajya Paricharika Mandal class III. Both these petitions are based on identical facts, raising common grievance, common questions of law and identical prayers. Therefore, both these petitions are disposed of by this common judgment. ( 2 ) PETITIONERS have raised the grievance that in the State of Gujarat there are four Directorates pertaining to Medical and Health Services, which are :1. Directorate of Health and Medical Services and Medical Education (Education ). 2. Directorate of Health and Medical Services and Medical Education (Medical ). 3. Directorate of Health and Medical Services and Medical Education (Health ). And 4. Directorate of E. S. I. S. ( 3 ) IT has been submitted that the State Government decided to provide selection grade to the various employees because it was considered that certain employees got limited chances of promotion inspite of the services rendered for a long period and, therefore, in order to remove stagnation, a higher pay scale may be provided on the basis of seniority-cum-merit. It is submitted that Resolutions to this effect was passed by the Finance Department on 5-3-1971 and 6-3-1971 respectively and, thereafter, certain other Resolutions were also passed by the Government on the same line and by Resolution of the Finance Department passed on 22-10-1980, it was resolved that those employees, who have completed 2/3rd span of the pay scale or have completed ten years service in the same cadre, will be eligible for getting the selection grade. It has been then submitted that petitioner-Association had represented before the Government that the members of the petitioner-Union serving in Class III also be provided with selection grade on the principle of equality and the Government by its Resolution dated 24-8-1981 decided that selection grade be provided for the posts of Health Visitor, Public Health Nurse and Nursing Tutor working under all the Directorates of Health and Medical Services and the same should be provided with retrospective effect, i. e. , from 1979. The grievance, which is voiced, is that while doing so, the selection grade was not provided for the posts of Staff Nurse, Ward In-charge, Nursing Tutor and Matron, although the holders of these posts discharge similar duties as the holders of the posts of Health Visitor, public Health Nurse and Nursing Tutor. It has also been stated that the Government by Resolution dated 29-1-1982 has also resolved that out of 38 posts of Nursing tutors, 7 posts, which are classified as selection grade posts, were to be transferred from the Directorate of Health and Medical Services and Medical Education (Medical education) to the Directorate of Health and Medical Services and Medical Education (Medical) and the net effect of this Resolution is that those 7 posts of selection grade, which were earlier given to the Directorate of Health and Medical Services and medical Education (Medical Education), are transferred to the Directorate of health and Medical Services and Medical Education (Medical) and, therefore, the employees working in the Directorate of Health and Medical Services (Medical education) and deprived of the selection grade since 7 posts are also take away by the said Government Resolution and, therefore, the Nursing Tutors in the Directorate of Medical Health and Medical Services and Medical Education (Medical Education) are deprived of the selection grade. It has been submitted that the holders of the posts of Staff Nurse and Ward Incharge in Directorate of Health and Medical Services and Medical Education (Education), Ward Incharge, Nursing Tutor and Matron in directorate of Health and Medical Services and Medical Education (Medical) and staff Nurse, Ward Incharge and Nursing tutor in Directorate of Health and Medical services and Medical Education (Health) discharge identical duties with the holders of the posts of Health Visitor, Public Health Nurse and Nursing Tutor in the directorates, as have been referred to herein-above, and thus, discrimination is being practised and even the holders of the posts for a period of nearly 15 years, having no immediate chances of promotion, are also deprived of the higher scale. It has been stated that the petitioner-Association wrote a letter dated 14-3-1980 to the secretary to the Government in the concerned Department and it was pointed out that certain employees were left out and they are being discriminated although they were fulfilling the criteria laid down by the State Government, but no reply was given. It has been stated that the petitioner-Association wrote a letter dated 14-3-1980 to the secretary to the Government in the concerned Department and it was pointed out that certain employees were left out and they are being discriminated although they were fulfilling the criteria laid down by the State Government, but no reply was given. The said anomaly was also pointed out by the Secretary of the petitioner- association to the Secretary of the State Government by letter dated 25-9-1981 i. e. Annexure "c" with Special Civil Application No. 2539 of 1982 and, thereafter, vide letter dated 12-10-1981 the petitioner-Association was informed by the Addl. Director that in the Resolution dated 24-8-1981 there was no mention regarding staff Nurses and Sisters-In-charge (Wards-In-charge) regarding granting of the selection grade and the Director by his letter dated 4-9-1981 had again recommended the case of the employees and was waiting for appropriate orders from the State government. This letter has been placed as Annexure "d" on record in the Special civil Application No. 2539 of 1982. The petitioner-Association was then given a copy of the letter written by the Addl. Director to the State Government vide letter dated 19-12-1981 through which the case regarding selection grade to be given to the Staff Nurse and Sister-In-charge (Wards-In-charge) i. e. Annexure "e" was recommended and, thereafter, the Resolution of 1982, which is at Annexure "a" was passed by the State Government, but it has been submitted that the Government did not apply its mind to the recommendation made by the Addl. Director as contained in Annexure "e" i. e. letter dated 19-12-1981. It has has been submitted that the petitioner-Association had also sent another letter dated 15-2-1982 (Annexure "f"), but no reply was given. The petitioner has complained of the violation of arts. 14 and 16 of the Constitution of India and has prayed that the Staff Nurse, ward Incharge, Nursing Tutor and Matron may also be provided with the selection grade from the year 1979. ( 4 ) THESE Special Civil Application were filed on 14-6-1982 and 16-6-1982 respectively and after issuing notices, Rule was issued in both the matters on 27-7-1982. 14 and 16 of the Constitution of India and has prayed that the Staff Nurse, ward Incharge, Nursing Tutor and Matron may also be provided with the selection grade from the year 1979. ( 4 ) THESE Special Civil Application were filed on 14-6-1982 and 16-6-1982 respectively and after issuing notices, Rule was issued in both the matters on 27-7-1982. Both the petitioners have suffered pendency for a period of nearly 13 years by now, but the respondents have not cared to file the reply in any of these two matters and the averments made in the petitions remain uncontroverted either on facts or on law and the learned A. G. P. also has not been able to make out any case as to why the holders of the post of Staff Nurse, Ward Incharge, Nursing Tutor and Matron have been isolated and denied the benefit of the selection grade. There is no material or reason to disbelieve the case of the petitioner-Association in both the petitions and there appears to be no reasonable classification whatsoever to make a distinction with regard to the nature of duties of the holders of the posts of Health visitor, Public Health Nurse and Nursing Tutor on one hand and the holders of the posts of Staff Nurse, Ward Incharge, Nursing Tutor and Matron on the other hand. On the basis of the submissions made by the learned Counsel for the petitioner- associations it appears that; (1) Health Visitor, Public Health Nurse and Nursing tutor working in the Directorate of Health and Medical Services and Medical education (Education) have been provided with the selection grade from year 1979, whereras Staff Nurse and Ward Incharge in this Directorate have not been provided with the selection grade. (2) Staff Nurse and Public Health Nurse working in directorate of Health and Medical Services and Medical Education (Medical) have been provided with the selection grade, whereas Ward Incharge. Nursing Tutor and matron in this Directorate have not been provided with the selection grade, and (3) Health Visitor and Public Health Nurse working in the Directorate of Health and Medical Services and Medical Education (Health) have been provided with the selection grade, whereas Staff Nurse, Ward Incharge and Nursing Tutor working in this Directorate have not been provided with selection grade. Denial of equal treatment to the holders of the posts in different Directorates vis-a-vis holders of similar posts in these very Directorates is, therefore, apparent and the same is clearly violative of Arts. 14 and 16 of the Constitution of India. The grievance, which has been found to be justified, does not pertain to any particular individual; the grievance is with reference to the holders of the posts and the exclusion of the holders of the posts of certain categories for the purpose of selection grade vis-a-vis the holders of other categories of the posts, being similarly situated, as stated hereinabove and consequentially class discrimination amongst the holders of the two categories of posts similarly situated is transparently visible so as to perpetuate discrimination and unequal treatment amongst equals. ( 5 ) IN this view of the matter, both these Special Civil Application succeed. The writ is, therefore, issued in both the matters directing the respondents to provide for the selection grade with effect from 1979 for the holders of the posts of Staff nurse, Ward Incharge, Nursing Tutor and Matron working in the three Directorates of Health and Medical Services and Medical Education (Education), (Medical) and (Health) and the respondents will accord same treatment to the holders of these posts as have been given to the holders of the posts of Health Visitor, Public Health Nurse, nursing Tutor, Staff Nurse, etc. in the three Directorates of Health and Medical services and Medical Education (Education), (Medical) and (Health ). Rule is made absolute accordingly in both the matters with the order that the directions, as aforesaid, shall be carried out by the respondents without any delay, but in no case later than a period of three months from the date the writ is served. No order as to costs in both the matters. .