Judgment : (V.M. Kanade, J.) By this petition which is filed under Article 226 of the Constitution of India the petitioners are challenging order dated 12/06/2001 and are also seeking an appropriate order and direction to fix the pay of the petitioners who were in service upto 31/12/2000 under Part 'B' notionally from 1/1/1996 as applicable to teachers in service on 01/01/2001. 2. Brief facts are as under: The petitioners were appointed in the grade of teacher/head master on 01/01/1996. The petitioners attained age of superannuation and retired sometime on or before 31/12/2000. It is the contention of the petitioners that by the impugned order the Government had taken a decision that the teaching allowance and special allowances have to be given to teachers who were in service after 01/01/2001 and part 'B' scale was therefore made applicable to those teachers who were in service on or after 01/01/2001. The grievance of the petitioners is that the said cut off date has been fixed in an arbitrary manner. Representation was made by the petitioners. However, the representation of the petitioners was not accepted and therefore the petitioners have challenged the said order dated 12/06/2001 and are seeking the consequential reliefs. It is submitted that similar order was passed in respect of Government servants and the said servants had filed a Writ Petition No. 430 of 2003 in this Court. It is submitted that the said Writ Petition was allowed by the Division Bench by Judgment and Order dated 15/10/2009. It is further submitted that pursuant to the said decision a circular has now been issued by the Government dated 27/06/2011 in which the Government has implemented the directions given by this Court subject to the decision of the Apex Court since the said order dated 15/10/2009 passed by this Court has been challenged by the Government by filing SLP in the Supreme Court. It is submitted that the ratio of the judgment of this Court in Writ Petition No. 430 of 2003 also is directly applicable to the facts of the present case. 3. In our view there is much substance in the submission made by the learned Counsel on behalf of the petitioners. It is submitted that the ratio of the judgment of this Court in Writ Petition No. 430 of 2003 also is directly applicable to the facts of the present case. 3. In our view there is much substance in the submission made by the learned Counsel on behalf of the petitioners. The said cut off date which has been fixed by Order dated 12/06/2001 is arbitrary and violative of Article 14 of the Constitution of India and for the reasons stated in the said Writ Petition No. 430 of 2003, this petition also will have to be allowed. 4. The Writ Petition accordingly is allowed in terms of prayer clauses (a) and (b). Rule is made absolute accordingly. 5. In the circumstances, there shall be no order as to costs.