JUDGMENT : S.H. KAPADIA, J. By this Writ Petition, Petitioners seek benefit of higher grade i.e. Rs. 335-680 given to clerks working in the Municipal Council, Ichalkaranji in four Departments, namely, Establishment clerks, Committee clerks, Council Clerks and Court clerks. 2. The facts giving rise to this petition, briefly, are as follows. 3. Petitioners are Clerks working in Respondent No. 1 allegedly refused to prepare Seniority list in respect of the Clerks which gave rise to industrial dispute which came to be referred to the Industrial Tribunal vide Reference (I.T.) No. 479 of 1975. Demand No. 11 under the said Reference dealt with fixation of Seniority List of clerks working in the Council. 4. By Award dated 12/4/1978, the above Reference came to be disposed of and the Tribunal directed the Council to draw a Seniority List of every year and to promote the Clerks as far as possible according to the Seniority List but after taking into account merit and past record of the workers. It is the case of the petitioners that as per the Award of the Industrial Tribunal the Council has drawn up Seniority List as on 21/9/1984. On that date 144 Clerks were working with the Council. It is the case of the petitioner, however, that subsequently the Council failed and neglected to prepare the Seniority list every year and therefore, names of the Clerks appointed after 1.1.1984 were not shown in the Seniority List and as a result, subsequently appointed Clerks, Junior to the Petitioners, came to be promoted over the Petitioners. According to the Petitioners, they were shown in the Seniority List prepared as on 31.12.1983 (Exhibit-B to the Petition) in the pay Scale of Rs. 260-495. According to the Petitioners, all the Clerks shown in the Seniority List were entitled to be promoted to the higher grade of Rs. 335-680 but the Council refused to give promotion to the higher post as per the said Seniority list. Petitioners have further alleged that on 3.4.1986, a Resolution came to be passed by the Committee of the Council bearing No. 575 Being aggrieved by the said Resolution, a representation was made by the Trade union to the Collector. The Collector informed the Council that the promotions were required to be made strictly as per the Seniority list. Petitioners have further alleged that on 3.4.1986, a Resolution came to be passed by the Committee of the Council bearing No. 575 Being aggrieved by the said Resolution, a representation was made by the Trade union to the Collector. The Collector informed the Council that the promotions were required to be made strictly as per the Seniority list. Petitioners alleged that despite the Order of the Collector the Council did not follow the Award of the industrial Tribunal in promoting the clerks to the higher post. At this stage, it may be mentioned that by subsequent Resolution No. 527 dated 14.3.1988, the Council decided to upgrade the posts of Clerks working in the above mentioned four Departments by giving them higher revised pay Scale of Rs. 335-680. However, with regard to Clerks working in other Departments of the Council, the Pay Scale was not revised. With regard to the Clerks in other Departments, the post was not upgraded in terms of the grant of revised pay scales as stated above. It is this Resolution which is mainly challenged by this Petition. 5. Mr. Navare, learned Counsel appearing on behalf of the Petitioners contended that by the Award passed by the Industrial Tribunal dated 12.4.1978 in Reference (I.T.) No. 479 of 1975, the Council was directed to prepare a Seniority List of Clerks every year and give promotion to clerks according to seniority. He contends that by virtue of the impugned Resolution No. 527 dated 14.3.1988 passed by the Council, the Award of the Industrial Tribunal is sought to be bye-passed. Mr. Navare further contended that the Clerks working in the above four Departments are given promotion in the form of upgradation of the post of Clerks working in the above four Departments. Mr. Navare contended that in the said Resolution there should have been the eligibility criteria like educational qualifications, number of years of service to be prescribed etc. before the Clerk is promoted from the Scale of Rs. 260-495 to Rs. 335-680. Mr. Navare contended that in the said Resolution there should have been the eligibility criteria like educational qualifications, number of years of service to be prescribed etc. before the Clerk is promoted from the Scale of Rs. 260-495 to Rs. 335-680. He contended that by the impugned Resolution not only the Council has bye-passed the rule of seniority prescribed by the Award of the Industrial Tribunal in the matter of promotion of Clerks to the Higher post but the Council is also given arbitrary power to transfer the Clerks from other Departments to above four Departments and vice versa and thereby defeating the Award of the Industrial Tribunal referred to above. In the circumstances, the petitioners have contended inter alia that, in the present matter, promotion from the post of Clerk to higher post like Senior Clerk should have been based strictly on the basis of seniority as laid down by the Award of the Industrial Tribunal dated 12.4.1978. 6. By way of reply, it has been pointed out that the Resolution No. 527 dated 14.3.1988 passed by the council has merely prescribed a revised increased pay Scale of Rs. 335-680 to be given to the Clerks working in the above four Departments. It is pointed out on behalf of the Council that looking to the type of work which the Clerks in the above four Departments are required to do, the Administration decided to award higher revised pay Scale of Rs. 335-680 to the Clerks working in the above four Departments. 7. At the outset, we may point out that the averments in the petition are totally vague. No particulars have been given as to whether the clerks in the above four Departments have been promoted on the basis of the revised pay Scale prescribed by the Administration. However, in the present matter, we find that the Administration has prescribed the higher revised pay scale for the Clerks working in the above four Departments looking to the exigencies of their work. For example, the Clerks working in Department dealing with court matters are required to do a particular type of work and in such matter it is always open to the Administration to give a higher pay scale. In the present matter, the higher pay scale has been given to the Clerks of the four Departments. For example, the Clerks working in Department dealing with court matters are required to do a particular type of work and in such matter it is always open to the Administration to give a higher pay scale. In the present matter, the higher pay scale has been given to the Clerks of the four Departments. There is nothing to indicate that this upgradation of the posts or grant of revised increased Pay Scale has been treated as an eligibility criteria for promotion from the post of Clerk to the next higher post. The Award of the Industrial Tribunal make it very clear that the Council is required to prepare a Seniority List of clerks in all the Departments of the Council and that the promotions were required to be given to these Clerks to the next higher post on the basis of their Seniority List to be prepared by the Council. Giving of higher Pay Scale to Clerks in the above four Departments is not to be treated as a step in promotion. It is only the prescribed higher Pay Scale which is required to be given to the Clerks of the Four Departments. It is not in dispute that the Clerks in other Departments can also be appointed by the Administration to work in the above four Departments. Under the above circumstances, we do not find any merit in the contentions advanced by Mr. Navare, learned counsel appearing on behalf of the Petitioners. 8. However, the position which emerges needs to be clearly spelt out, firstly, under the Award of the Industrial Tribunal the Council is required to prepare a Seniority List of all the Clerks in the various Departments of the Council including the above four Departments. The said List is required to be a Common Seniority List. The said List is required to be prepared as far as possible in December of every year, That the promotions are required to be made on the basis of the said Common Seniority List to the next higher post alternately on the ground of merit and past record. It needs to be clarified that the revised increased Pay Scale given to the Clerks of the four Departments will not be treated as a promotional post or eligibility criteria for promotion from the post of clerk to the next higher post. It needs to be clarified that the revised increased Pay Scale given to the Clerks of the four Departments will not be treated as a promotional post or eligibility criteria for promotion from the post of clerk to the next higher post. In the light of the above, the Council is required to prepare a Seniority List as directed above and to give promotions on the basis stated above. We make it further clear that the Council would look into the matter retrospectively and if the Council finds that any promotion given to the Clerk is on the footing that he has been given the higher Pay Scale of Rs. 335-680 then the Council will reconsider the matter and promote the Clerk to the next higher post strictly on the basis of the Common Seniority List, but after taking into account merit and past record as mentioned in the Award of Tribunal. 9. Subject to above, Writ Petition stands disposed of with no order as to costs. 10. The above Order is required to be implemented within a period of four months. 11. Issuance of Certified Copy is expedited.