JUDGMENT 1. :- These two writ petitions are similar and learned counsel for both the parties request that the matters may be heard finally and disposed of together. 2. The facts of the case of Bal Mukund Sharma & ors. Vs. R.S.R.T.C. are taken as a leading case for purposes of disposal of the writ petitions. 3. Petitioners are seeking writ, order or direction to give the benefit of Rule 9 of the Revised Pay Scale Rules, 1987 and 1989 and their salary may be fixed with the said revised pay scale rules with all consequential benefits. 4. The petitioners further asked for writ, order of direction directing the respondent to release annual grade increment with all arrears along with the interest at the rate of 18% per annum w.e.f. November, 1988 till it is realised. 5. The petitioners also seek the writ, order or direction to grant a selection grade to the petitioners pursuant to the circular dated 25.1.92. 6. The petitioners were initially appointed on the post of Conductor on substantive basis by different orders issued by the R.S.R.T.C. in the pay scale No. 7. 7. The petitioners were discharging their duties as Conductors. A circular came to be issued in the year 1988, inviting applications for the post of LDC from those eligible persons, who were working in the RSRTC as Conductors. 8. The petitioners being eligible for the post of LDC also applied for the same and they were selected by the Section Committee vide order dated 2.11.88 and 15.11.88 and were appointed as LDC on probation under the following terms and conditions : "(i) Their service conditions shall be governed by the RSRTC Workers and Workshop Employees Standing Orders, 1965. (ii) They can be posted at any where under the jurisdiction of the Corporation. (iii) While working in Corporation, on any irregularity or breaking discipline, disciplinary proceedings shall be initiated as per the rules. (iv) If employees are receiving their salary more than that the fixed pay for the post of LDC then their pay shall be protected and the same shall not be reduced. (v) They shall have to pass type test within one year and their next annual grade increments shall be released after passing the type test. (iv) If employees are receiving their salary more than that the fixed pay for the post of LDC then their pay shall be protected and the same shall not be reduced. (v) They shall have to pass type test within one year and their next annual grade increments shall be released after passing the type test. "(vi) Seniority shall be determined later on." Main controversy in this writ petition is regarding non-granting of the revised pay scale as per Rule 9 of Rules 1989. The Rule 9 is reproduced hereunder : "Option to elect the Existing Pay Scale (1) The Revised Pay Scales given in the Schedule-I shall apply to every existing Government servant provided that such a Government servant may elect to continue to draw pay in the existing pay scale till the date on which he earns his next or any subsequent increment in the existing pay scale or until he vacates his post or ceases to draw pay in that time scale of pay." 9. In view of the Rule 9 the petitioners opted to continue in existing pay scale till they did not reach the stage of 955 or 1225. Their options were accepted by the Corporation. Even in the year 1994 again options were invited and again they submitted their open. 10. Vide notification dated 25.1.92 the Government of Rajasthan has introduced to grant first selection, second selection and third selection grade after rendering service for the period of 9, 18 and 27 years. Since all the petitioners have completed 9 years, they became entitled for first selection grade. It is submitted by the learned counsel for the petitioners that this benefit has not been granted to the petitioners. The selection scale was granted to the petitioners not counting the past services rendered by the petitioners as Conductors. 11. Mr. Pareek further submits that the respondents have not correctly interpreted Rule 9 of the Rules ignoring the explanations thereto. Existing pay scale means scale of pay applicable to the corporation employees but for the coming into effect of these regulations in respect of a post held by him immediately before 1.9.88 substantively or in officiating capacity while retaining lien on a permanent post or in a temporary capacity. Existing pay scale means scale of pay applicable to the corporation employees but for the coming into effect of these regulations in respect of a post held by him immediately before 1.9.88 substantively or in officiating capacity while retaining lien on a permanent post or in a temporary capacity. In the explanation with regard to the existing corporation employees, who were appointed on or after 1.9.88 in the revised pay scale regulations 1987 are not existing corporation employees and relying on the explanation submits that the case of the petitioner does not fall under the definition of existing pay scale and their case fall under the explanation. 12. Mr. Lodha appearing for the RSRTC has raised preminiary objections regarding the maintainability of this writ petition. As the petitioners filed this present petition after lapse of more than 9 years and since the delay has not been explained by the petitioners, the writ at the belated stage should not be entertained. Mr. Lodha also referred a prayer of the writ petition to demonstrate the fact that the circular dated 8.2.94 (Annex.4) has not been challenged by the petitioners and without challenging the circular dated 8.2.94 the petitioners are not entitled for the relief claimed. 13. Rule 9 of the revised pay scale Rules 1989 has been correctly interpreted by the respondents as the petitioners were not existing employee of RSRTC on 1.9.88. He also submits that as per the terms and conditions of the appointment on the post of LDC it was made essential to pass the typing test within a period of one year and after passing such typing test the petitioners are only entitled for increments in the pay scales from the date of passing of such typing test. All the petitioners were given the benefit of the pay scales after rendering service of 9, 18 and 27 years under Circular dated 27.4.93. RSRTC has given the benefit of pay scales under the revised pay scales after passing the typing test. 14. Having heard rival submissions of the learned counsel for the respective parties and after careful examination of the material available on the record, it is no doubt that the present petition is filed after the delay of 9 years. RSRTC has given the benefit of pay scales under the revised pay scales after passing the typing test. 14. Having heard rival submissions of the learned counsel for the respective parties and after careful examination of the material available on the record, it is no doubt that the present petition is filed after the delay of 9 years. Since the writ petition is already admitted by this Court on 20.1.97, at this stage, I do not find any good reason to dismiss the writ petition only on the ground of delay and laches, therefore, I deem it proper to examine the case on the merit also. 15. For the purposes to resolve the present controversy it is necessary to go through Rule 9 of the Revised Pay Scales Rules 1987 and 1989. After perusal of the Rule 9 of the Rules it reveals that the existing pay scale applicable to the corporation employees who hold the post in the corporation immediately before 1.9.88. Under the explanation it has been made clear that the corporation employee who was appointed on or after 1.9.88 under the revised pay scale regulations 1987 are not existing corporation employee and no doubt all the petitioners were give appointment prior to 1.9.88 and not on or after 1.9.88. 16. The petitioners have not challenged the circular dated 4.1.90 (Annex. R-1) but so far as the controversy with regard to the factual aspect whether the petitioners are existing employee or not or they were given appointment on or after 1.9.88, if the petitioners are given appointment earlier to 1.9.88, the petitioners are undoubtedly existing employees of the corporation. 17. So far as the benefit regarding 9, 18 and 27 years under the circular issued by the Government of Rajasthan is concerned, I agree with the arguments advanced on behalf of the respondents that the petitioners are only entitled after passing the type test. It is not disputed that all the petitioners have passed the type test and after passing the type test they are entitled to get the benefit after rendering the services for a period of 9, 18 and 27 years. But this benefit has been given to the petitioner with effect from the date upon which the petitioners passed the type test. But this benefit has been given to the petitioner with effect from the date upon which the petitioners passed the type test. In my considered opinion this benefit can be extended in favour of the petitioners taking into account the past services rendered by the petitioners in the Corporation. The petitioners are only entitled for this benefit after passing the type test but from the date of their initial appointment in the corporation for the purposes of granting benefit of 9, 18 and 27 years under circular dated 27.4.93. 18. Other directions as asked by the petitioners are not tenable except to benefit of the selection scale after completing the services of 9, 18 and 27 years. 19. In view of the observations made hereinabove, the writ petitions are partly allowed with no order as to costs.Petition partly allowed. *******