JUDGMENT : 1. By way of these petitions, all these petitioners who are doctors in Ayurvedic Branch whose initial appointment was in Class – I cadre and subsequently, by way of direct recruitment were appointed in Class – I cadre have prayed for the benefits of higher pay scale, upon completion of 6 years in Class-I cadre from the date on which they have completed 6 years in Class-I cadre as per the Government Resolution dated 17.10.1994 and clarificatory Circulars dated 06.03.1997 and 22.07.1997. The petitioners have further prayed for 12% interest and to pass necessary directions considering the directions issued by the Hon’ble Apex Court in Special Leave to Appeal (Civil) Nos. 8635 to 8639 of 2014 dated 08.09.2014. 2. Considering the fact that except for the date of appointment in Class-II and Class-I cadre, since, the other relief prayed for by the petitioners are more or less similar in nature and mainly the grievance of the petitioners is that the petitioners have not been granted the benefit of higher pay scale on completion of six years service in Class-I cadre as per the Government Resolution dated 17.10.1994 and subsequent clarifactory circulars, all the prayers prayed for by the petitioners are not reproduced. 3. The facts are stated in nutshell are as under:- All the petitioners of three petitions are Ayurveda doctors and all the doctors are having Post Graduate qualification in the Branch of Ayurveda Medicine. Initially their appointment was in the Class-II cadre, upon clearing the selection procedure undertaken by the Gujarat Public Service Commission and thereafter, all the petitioners once again appeared in the examination undertaken by the GPSC for Class-I cadre and completed the same. The Government in the year 1994, accepted the recommendation made by TIKU pay commission and published the Government Resolution dated 17.10.1994 whereby to meet with the situation of having no promotional avenues and to redress the frustration amongst the medical officers, the benefit of higher pay scale was granted to the Medical Officers in Class-II cadre. As per the Government Resolution dated 17.10.1994, Medical Officer, Class-II would be entitled to higher pay scale on completion of six years services in Class-II cadre. As per the Government Resolution dated 17.10.1994, Medical Officer, Class-II would be entitled to higher pay scale on completion of six years services in Class-II cadre. The present petitioners could not complete six years services in Class-II cadre but they have completed six years service in Class-I cadre and therefore, they are asking for the similar treatment of grant of higher pay scale by making the Government Resolution dated 17.10.1994 applicable to their case also and therefore, this petition is preferred. The stand taken by the Government in all these petitions is that the Government Resolution dated 17.10.1994 and all subsequent circulars are applicable only to the medical officers of Class-II cadre and cannot be made applicable to medical officers in Class-I cadre and therefore, the demand made by the petitioners cannot be accepted. 4. It is the case of the petitioners that the similar issue had arisen in the past and some identically situated persons preferred a petition being Special Civil Application No. 15871 of 2015 with Special Civil Application No. 15879 of 2015 in case of Rajendraprasad Natwarlal Jani V/s. State of Gujarat and the same was decided by common oral order dated 23.11.2016 by the learned Single Judge and while allowing the petition, the respondent – State was directed to disburse the benefits of higher pay scale to the petitioners within a period of 12 weeks from the date of receipt of this order. 5. The aforesaid order was carried in appeal before the Division Bench of this Court by way of Letters Patent Appeal No. 67 of 2018 in Special Civil Application No. 15879 of 2015 with Letters Patent Appeal No. 68 of 2018 in Special Civil Application No. 15871 of 2015 and in the said Letters Patent Appeals, the Division Bench of this Court vide order dated 30.01.2018 admitted the Letters Patent Appeals. In Civil Application (for Stay) No. 600 of 2018 in Letters Patent Appeal No. 67 of 2018 in Special Civil Application No. 15879 of 2015, the Division Bench has issued rule and has further directed the Government to pay 50% of the amount due and payable to the original petitioners on a condition that the petitioners shall fine an undertaking before this Court in case if they lose and it is held that they are not entitled to any amount as per their claim, in that case, they shall repay/return 50% of the amount paid to them within reasonable time that may be determined by the Court. The Division Bench passed the aforesaid order keeping in mind the interim order passed by the Hon’ble Supreme Court in Special Leave to Appeal (Civil) Nos. 8635 to 8639 of 2014 which was relied by the learned Single Judge while passing the order dated 23.11.2016 Special Civil Application No. 15871 of 2015 with Special Civil Application No. 15879 of 2015. 6. Learned advocate Mr. N.K. Majmudar appearing for the petitioners submitted that the case of the present petitioner is identical as compared to the case of petitioners of Special Civil Application No. 15871 of 2015 and allied matter which was decided by common oral order dated 23.11.2016 and even the present petitioners are also seeking the similar direction that they also may be given benefit of higher pay scale in line with the direction issued by the Hon’ble Supreme Court in its order dated 08.09.2014 passed in Special Leave to Appeal (Civil) Nos. 8635 to 8639 of 2014 which also has been considered by the Division Bench of this Court while disposing the Civil Application (for Stay) No. 600 of 2018. 7. Learned advocate Mr. 8635 to 8639 of 2014 which also has been considered by the Division Bench of this Court while disposing the Civil Application (for Stay) No. 600 of 2018. 7. Learned advocate Mr. Majmudar further submitted that the present petitioners are also ready to file an undertaking that in case if the Letters Patent Appeal No. 67 of 2018 and 68 of 2018 which have been filed by the State Government is allowed and the respondent in those Letters Patent Appeal who are identically situated persons and who preferred Special Civil Application No. 15871 of 2015 and Special Civil Application No. 15879 of 2015 are not entitled to the higher pay scale, in that case, the petitioners also shall be bound by that decisions and they will file undertaking before this Court that in case if Letters Patent Appeal No. 67 of 2018 and Letters Patent Appeal No. 68 of 2018 are decided in favour of the Government, in that case, subject to right of the petitioners to challenge the aforesaid decision, the petitioners shall repay/refund the amount that this Court may directed the State Government to pay as was done by Hon’ble Division Bench in Civil Application. 8. Learned AGP Mr. Niraj Sharma appearing for the respondent – State reiterated the stand of the government that Government Resolution dated 17.10.1994 is applicable only to Class-II, Medical Officer and would not applicable in the case of present petitioners who are Class-I, Medical Officer in Ayurveda Branch. 9. However, learned AGP Mr. Sharma could not point out anything from the record that the case of the present petitioners is identical to that of petitioners of Special Civil Application No. 15871 of 2015 and Special Civil Application No. 15879 of 2015. 10. In view of the aforesaid submissions, as there is no material to indicate that the fact that the case of the present petitioners is different as compared to the case of the petitioners of Special Civil Application No. 15871 of 2015 and allied matters, considering the fact that the grievance of the petitioners of Special Civil Application No. 15871 of 2015 and allied matter was considered by the learned Single Judge by passing a detailed order wherein learned Single Judge in paragraphs no. 10 and 11 observed as under:- “10. Learned Assistant Government Pleader for the State has argued along the line of affidavit-in-reply. 10 and 11 observed as under:- “10. Learned Assistant Government Pleader for the State has argued along the line of affidavit-in-reply. What has been contended in the affidavit-in-reply is that the policy decision of the State Government is to extend the benefit of higher pay-scale to class-II only. The petitioners, who are working as Medical Officers Class-II are given the benefit of higher pay-scale applicable to Medical Officer (Ayurveda) Class-II only. Considering the observations, the Supreme Court in Special Leave to Appeal No.8635 to 8639 of 2014 has passed the following order:- “Leave granted. Having heard learned counsel for the parties, it is directed that the State of Gujarat shall comply with the order of the High Court up to 50% within two months. Needless to say, it case the appeal is dismissed, the respondents shall be entitled to the balance 50% with interest, which shall be determined at the time of final adjudication of the appeal. Hearing expedited.” 11. This Court finds absolutely no reason not to accede to the request of the petitioners, who are having higher class than those persons who had been already given the benefit. More particularly, when the Government's own resolution quotes both class-I and Class-II for the purpose of availing revised higher pay-scale. The issue since was directly relatable to the career improvement of service doctors and proving opportunity of promotion for Medical Officer of the State, as noted by the appellate Bench, on realizing the insufficient number of doctors in the Government hospitals and various health centres of the State for providing incentives, the Government had adopted the recommendation made by the Tikku Pay Commission at the Central Government level and thereafter the Committee was constituted with regard to governing the conditions of service of doctors working in the State which accepted the recommendations made by the Committee and accordingly the resolution was issued dated 17.10.1994 providing for promotion to the doctors working in Health and Family Welfare Department in the State which had provided for medical graduates to be appointed as Medical Officers (Class-II) and after regular absorption in the service, the Medical Officer Class-II were to be considered eligible for promotion in the pay-scale of Rs.3000-4500 and such a post was considered as a Senior Medical Officer and after serving 7 years in the pay-scale of Rs.3700-5000. The officer should be considered eligible for promotion and such post would be considered of a Chief Medical Officer. The officer working in the pay-scale of Rs.3700-5000 were put in the selection grade of Rs.4700-5700 and such posts were about 10% and Medical Officer Class-I and with the aforementioned details, coupled with the Government Resolution dated. 22.7.1997, and availing the same benefits to the Medical Officer Class-I would not, in any manner, permit this Court to accept the say of the State that the petitioners in Medical Officer Class - I would not be entitled to those benefits which had been made available by virtue of the judicial decision with similarly situated employees. 11. The aforesaid order was carried in appeal by the State Government wherein the Division Bench of this Court vide order dated 30.01.2018 admitted both these appeals and Registry is directed to notify the appeals for final hearing after disposal of Special Leave to Appeal (Civil) Nos. 8635 to 8639 of 2014 pending before the Hon’ble Supreme Court and on the note to be filed by either of the advocates. 12. On Civil Application (for Stay) No. 600 of 2018, the Division Bench has passed the following order:- “1. RULE. Shri N.K. Majmudar, learned advocate waives service of notice of rule on behalf of the respondents-original petitioners. 2. Having heard learned advocates appearing for the respective parties, by way of interim relief, it is directed that the appellant – State of Gujarat shall pay 50% of the amount due and payable to the original petitioners on a condition that the respective original petitioners shall file an undertaking before this Court that, in case they lose and it is held that they are not entitled to any amount at par with the Medical Officer, Class-I (Aloepathy), they shall repay / return 50% of the amount paid within reasonable time and with interest that may be determined by this Court. The aforesaid order is passed keeping in mind the interim order passed by the Hon’ble Supreme Court in S.L.P(C) Nos. 8635 to 8639 of 2014, which are against the impugned judgment and order passed by this Court with respect to Medical Officer(Ayurved), Class-II, upon which reliance has been placed by the learned Single Judge while passing the impugned judgment and order. Rule is made absolute to the aforesaid extent. No costs. 8635 to 8639 of 2014, which are against the impugned judgment and order passed by this Court with respect to Medical Officer(Ayurved), Class-II, upon which reliance has been placed by the learned Single Judge while passing the impugned judgment and order. Rule is made absolute to the aforesaid extent. No costs. The aforesaid undertaking shall be filed within a period of two weeks from today, and on filing of such undertaking and producing copy before the appropriate authority, the aforesaid amount of 50% be paid to the original petitioners. 13. In Special Civil Application No. 15871 of 2015 and allied maters were preferred by identically situated persons the Division Bench of this Court has even while disposing the Civil Application (for Stay) No. 600 of 2018 has issued a direction to the State Government to pay 50% of the amount due and payable to the original petitioner on a condition of filing an undertaking that they shall return the amount in case, if they are held dis-entitled for higher pay scale. 14. In view of that, considering the prayer made in the Civil Application No. 9494 of 2017 wherein the petitioners have prayed for directions in line with the order dated 08.09.2014 passed by the Hon’ble Supreme Court in Special Leave to Appeal (Civil) Nos. 8635 to 8639 of 2014 following directions are required to be issued. (1) The respondent – State is directed to pay 50% of the amount due and payable to the petitioners as if the petitioners are entitled for higher pay scale as held by the Coordinate Bench vide common oral order dated 23.11.2016 in Special Civil Application No. 15871 of 2015 which is preferred by identically situated persons. Such amount of 50% of due and payable amount of first higher pay scale to the petitioner shall be paid within a period of 12 weeks from today. Such amount of 50% of due and payable amount of first higher pay scale to the petitioner shall be paid within a period of 12 weeks from today. (2) The petitioners are directed to file an undertaking within a period of four weeks from today before this Court as well as before the concerned higher authorities stating that in case if the petitioners of Special Civil Application No. 15871 of 2015 and Special Civil Application No. 15879 of 2015 which are identically situated persons and as the petitioners are claiming their benefits on the basis of this Court having held them entitle for higher pay scale, if the Division Bench of this Court holds that they are no entitlement to higher pay scale in that case the petitioners also shall refund the aforesaid amount that may be paid by the State Government. 15. With the aforesaid directions, all the petitions are partly allowed. Rule is made absolute to the aforesaid extent. No order as to costs. 16. In view of disposal of main petition, connected Civil Application also stands disposed of.