JUDGMENT : (1.) RULE returnable forthwith. Ms.Sejal Mandavia learned advocate waives service of notice of Rule on behalf of respondent No.1 and Mr.Kurven Desai learned AGP waives service of notice of Rule on behalf of respondent Nos.2 and 3. (2.) With the consent of learned advocates for the respective parties, the petition is taken up for final hearing. (3.) By way of this petition under Article 226 of the Constitution of India, the petitioners have made the following prayers: "(A) hold that petitioners are entitled for second higher grade scale upon their completion of fifteen years of service from the date of receipt of first higher grade scale pursuant to Government Resolution dated 02.07.2007 and clarification thereof of the Finance Department dated 04.03.2008, and same is so settled by this Honourable Court qua similarly placed employees of the Gujarat Maritime Board vide order dated 16.01.2020 passed in Special Civil Application Nos.10318 and 10320 of 2018 as confirmed vide order dated 09.09.2020 passed in Letters Patent Appeal Nos.504 & 506 of 2020 and order dated 08.02.2021 passed in Special Leave to Appeal (c) No.1284 of 2021 and 1505 of 2021, and (B) direct the respondent authorities to grant second higher grade scale of Rs.9300- 34800, GP Rs. 4400 to petitioners from their respective due dates with all consequential benefits including arrears and consequential fixation of pay and pension with appropriate revision, and (C) further be pleased to direct the respondent Board to pay interest on delayed payment on amount flowing from prayer clause, at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and (D) award the cost of this petition, and (E) pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to take decision with regard to grant of second higher grade scale to the petitioner from their due date, and (F) pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to grant the second higher grade scale to the petitioners" (4.) The petitioners are employees of the Maritime Board. The statement showing service details of each of the petitioners is as under: Sr. The statement showing service details of each of the petitioners is as under: Sr. No. Name Date of joining Promotion as senior clerk with deemed dale 1 HGS Regular promotion as Head Clerk or its equivalent Due dates for 2nd Higher Grade Scale Date of retirement 1 Jagdishchandra Durgashankar Joshi 05.08.1980 03.12.1984 03.12.1993 2015 03.12.2008 30.06.2018 2 Pramod S. Gupta 11.04.1980 26.12.1983 26.12.1992 03.03.2009 26.12.2007 31.07.2016 3 Ranchhodbhai Govindbhai Desai 31.01.1981 06.10.1988 06.10.1997 2014 06.10.2012 30.09.2016 (5.) Facts in brief would indicate that they are praying for the benefits of the second higher pay scale upon their completion of 15 years of service from the date of receipt of the first higher grade scale pursuant to the resolution dated 02.07.2007. (6.) Ms.Harshal Pandya learned counsel for the petitioners would submit that the issue of granting such benefits is covered by a decision of this Court rendered on 16.01.2020 passed in Special Civil Application No.10318 of 2018. (7.) The order of this Court, when taken in Letters Patent Appeal, the Letters Patent Appeal was dismissed on 09.09.2020 and this decision was confirmed before the Supreme Court. Relying on the same order, the petitioner of Special Civil Application No.8600 of 2020 was also granted similar benefits. (8.) Accordingly, it is not in dispute that the issue of granting of the second higher pay scale on completion of 15 years of service after completing the nine years of service in the first higher grade scale has to be granted to the petitioners in light of the decisions rendered by this Court. The order dated 16.01.2020 rendered in Special Civil Application No.10318 of 2018 and allied matter reads as under: "1. Both these petitions are filed by the petitioners for a direction to the respondent authorities to grant second higher grade scale of Rs.9300-34800, GP of Rs.4400/- from due date with all consequential benefits including arrears and consequential fixation of pay and pension. Facts of SCA No.10318 of 2018 2. The petitioner joined service of the Gujarat Maritime Board as Junior Clerk on 11.09.1978 in the pay scale of Rs.260-400. He was promoted as Senior Clerk on 10.09.1980 with effect from 26.12.1983. Having completed nine years of service on 26.12.1992 in the cadre of Senior Clerk, the petitioner was granted the first higher grade scale of Rs.1400-2600. On 14.07.2005, the petitioner was promoted as Head Clerk. He retired from service on 30.11.2012. He was promoted as Senior Clerk on 10.09.1980 with effect from 26.12.1983. Having completed nine years of service on 26.12.1992 in the cadre of Senior Clerk, the petitioner was granted the first higher grade scale of Rs.1400-2600. On 14.07.2005, the petitioner was promoted as Head Clerk. He retired from service on 30.11.2012. Facts of SCA No.10320 of 2018 3. The petitioner joined the services of the Gujarat Maritime Board on 31.07.1978 as clerk-cum-typist. He was promoted as Senior Clerk on 10.12.1984 with effect from 03.01.1983. Having completed nine years of service on 03.01.1992 in the cadre of Senior Clerk, the petitioner was granted the first higher grade scale of Rs.1400-2600. On 06.02.2002, the petitioner was promoted as Head Clerk. He retired from service on 31.12.2012. 4. In both these petitions, the case of the petitioners is that on completion of 15 years of service after their completion of nine years of service in the first higher grade scale, the petitioners are entitled to the benefit of the Second Higher Grade Scale of Rs.9300-34800. This claim of the petitioners is based on the scheme of granting the benefit of the Second Higher Grade Scale in accordance with the Government Resolution dated 02.07.2007, which provided that an incumbent who has completed 24 years of service is entitled to the Second Higher Grade Scale. It was their case therefore that they having got the First Higher Grade Scale in accordance with the resolution dated 16.08.1994 on completion of 9 years of service, they would be entitled to the Second Higher Grade Scale on completion of 15 years of service. 5. Ms.Harshal Pandya learned counsel for the petitioners invited my attention to the Government Resolution dated 02.07.2007. Drawing my attention to Clause-2(2)(3)(4) of the resolution, she would submit that in the event an incumbent completes 12 years of service as per Clause 2 of the resolution, such an incumbent will be entitled to the First Higher Grade Scale subject to the fact that he has not earned more than one promotion. Clause-2(3) of the resolution would entitle the benefit of Second Higher Grade Scale after 24 years i.e. 12 years after the First Higher Grade Scale, however, subject to the same qualification that he should not have earned more than one promotion. Clause-2(3) of the resolution would entitle the benefit of Second Higher Grade Scale after 24 years i.e. 12 years after the First Higher Grade Scale, however, subject to the same qualification that he should not have earned more than one promotion. Reliance is placed on Clause-2(4) (a) and (b) to submit that if an employee who has secured the First Higher Grade Scale in accordance with the resolution dated 16.08.1994 on completion of 9 years of service, such employee shall get the Second Higher Grade Scale on completion of 15 years thereafter (in all on completion of 24 years). There is no condition in the clause as compared to sub-clause (2) and (3) that such entitlement is not available if an incumbent has earned more than one promotion as is so found in clause 2(2) and 2(3) of the resolution. 6. In accordance with these, Ms.Pandya submitted that the petitioners therefore made representations to the authorities for grant of Second Higher Grade Scale. Inviting my attention to the resolution dated 18.02.2011, she would submit that even while clarifying the resolution dated 02.07.2007, nothing was stated so as to disqualify the petitioners from entitlement of a Second Higher Grade Scale. 7. She invited my attention to the communication dated 24.01.2014 addressed by the Administrative Officer to his superior by which his case was recommended for the grant of benefit of the Second Higher Grade Scale. She further submitted that the Board by a communication dated 12.09.2014 in case of two other employees, wrote to the State Government, seeking its' opinion and in the letter it was the stand of the Board that even if an employee had received two promotions, in accordance with Clause 2(4) (b) of the Government Resolution dated 02.07.2007, such employees were entitled to the Second Higher Grade Scale on completion of 15 years of service after the First Higher Grade Scale of nine years. From the communication dated 22.10.2014 of the State Government addressed to the Board, she submitted that a positive opinion was given by the State that such employees are entitled to the benefit of Second Higher Grade Scale in accordance with Clause 2(4) (b). She also, in support of her submission, relied on a communication dated 04.03.2008 addressed by the State through the Finance Department to the Examiner, Local Fund Authorities by which the petitioners' contention was accepted. 8. She also, in support of her submission, relied on a communication dated 04.03.2008 addressed by the State through the Finance Department to the Examiner, Local Fund Authorities by which the petitioners' contention was accepted. 8. Ms.Sejal Mandavia learned counsel for the respondent Board through her affidavit-in-reply would submit that though the service details of the petitioners are not disputed, the petitioners are not entitled to the benefit of Second Higher Grade Scale. She would rely on the Government Resolution dated 16.08.1994 to contend that the resolution specifically provides in Clause-3 thereof that in case an employee receives two or more promotions, he would not be entitled to the benefit of the higher grade scale. She would further submit that the petitions are barred by gross delay and laches. She would submit that the petitioners have retired in the year 2012 and have approached this Court more than six years after such retirement and are praying for benefits after 11 years from the date of their entitlement and the petitions therefore must be dismissed. 9. Having considered the submissions of the learned advocates for the parties, what needs to be adjudged is whether since the petitioners have earned two promotions and one Higher Grade Scale, they can be deprived of the benefit of the Second Higher Grade Scale. 10. It is in this context that Clause 2, sub-clauses (2), (3) and (4) need to be read. When sub-clauses (2) and (3) are read, they make it clear that only when a beneficiary of the First Higher Grade Scale on completion of 12 years of service in accordance with the Resolution of 02.07.2007 is given such benefit, he is entitled to the benefit of the Second Higher Grade Scale on completion of further 12 years of service. This is subject to a qualification that such an incumbent has not earned more than one promotion and/or First Higher Grade Scale. 11. When in this context, sub-clauses (4)(a) and (b) are read, they specifically provide that when an incumbent earns his first higher scale on completion of nine years of service in accordance with the Government Resolution dated 16.08.1994, he shall earn the Second Higher Grade Scale on completion of 15 years thereafter. 11. When in this context, sub-clauses (4)(a) and (b) are read, they specifically provide that when an incumbent earns his first higher scale on completion of nine years of service in accordance with the Government Resolution dated 16.08.1994, he shall earn the Second Higher Grade Scale on completion of 15 years thereafter. There are no riders in the clause that the earning of promotion and/or a higher grade scale would disentitle the incumbent of earning the Second Higher Grade Scale after the First Higher Grade Scale of nine years in accordance with the resolution dated 16.08.1994. Reading of the communication dated 12.09.2014 addressed by the Gujarat Maritime Board asking for its' opinion and the stand of the Government as is evident from the Finance Department's communications dated 04.03.2008 and 22.10.2014 make it clear that interpreting sub-clause 4(b) of Clause-2 of the resolution, the stand of the State is that one who has earned the First Higher Grade Scale on completion of nine years of service in accordance with the resolution dated 16.08.1994, is entitled to the Second Higher Grade Scale in accordance with the Government Resolution dated 02.07.2007 after completing 15 years thereafter. This of course is subject to the incumbents satisfying other conditions of the Government Resolution dated 16.08.1994. 12. Keeping these clarifications in mind, the petitioners are entitled to the reliefs prayed for and therefore, the respondents are directed to grant Second Higher Grade Scale of Rs.9300-34800/-, G.P. Rs.4400/- to the petitioners from their due dates with all consequential benefits including arrears and consequential fixation of pay and pension. 13. The petitions are allowed." (9.) Recently, by an order dated 08.02.2022, considering the service details of the petitioner in that case, the Court held as under: "1 Rule returnable forthwith. With the consent of the learned advocates, taken up for final hearing. 2 As the issue is now settled by a decision of this Court, rendered in Special Civil Application No. 10318 of 2018 with Special Civil Application No. 10320 of 2018, which was affirmed by the Division Bench and subsequently by the Hon'ble Supreme Court and has also been followed by a co-ordinate Bench of this Court in Special Civil Application No. 21303 of 2019 dated 16.12.2021. 3 For consideration of the question involved in these petitions, facts of Special Civil Application No. 1640 of 2019 are considered. 3 For consideration of the question involved in these petitions, facts of Special Civil Application No. 1640 of 2019 are considered. 3.1 The petitioners are the employees of the Gujarat Maritime Board. They joined the services as Junior Clerks or Clerk-cum-Typist or Typist on various dates in the pay-scale of Rs.260-400/-. Subsequently, they were promoted to the post of Senior Clerk, in which cadre they were granted deemed date of promotions as a result of some litigations which were pending in this Court. 3.2 Ms.Pandya, learned counsel for the petitioners, had extensively set out the service details of each petitioners by virtue of a separate table, which is as under: Special Civil Application No. 13416 of 2020 Sr No. Name Dt.of Joining as Jr.Clerk or Clerk Cum-Typist Promotion as senior clerk with deemed date L v Higher Grade of Head Clerk Regular Promotion as head Clerk or its equivalent Due dates for 2nd Higher grade scale Date of retirement 2nd Higher Grade pay to be granted. 1 Urvashiben Umeshcha ndra Thanki 17.02.81 06.10.88 18.04.98 06.02.14 18.04.13 31.07.19 9300-34800 4400 2 Parulben Vipulchandra Acharya 09.05.79 26.12.83 26.12.92 03.03.09 26.12.07 31.07.18 9300-34800 4400 3 Geeta Paresh Somaiya 08.04.80 26.12.83 26.12.92 03.03.09 26.12.07 31.05.19 9300-34800 4400 4 Harshad Prabhudas 02.02.81 01.04.86 06.10.97 04.02.14 06.10.12 30.06.15 9300-34800 4400 Special Civil Application No. 2417 of 2021 Statement showing details of petitioner Sr No Name Dt.of Joining Promotion 1st HGS 21.8.15 of Senior Clerk Regular Promotion as Sr.Clerk Due dates for 2nd Higher grade scale of Head Clerk Date of retirement Tnd Higher Grade pay to be granted. 1 Harendrasinh Khengarji Jadeja 25.02.82 as seaman 22.10.86 In pay-scale of 260-400 as Cardex Operator Class-Ill 22.10.95 1200- 2040 (revised 4000- 6000) 21.8.2015 22.10.10 9300- 34800 GP4200 Note : Grade pay of Rs.4200/- is to be granted because of his initial appointment in different cadre. Special Civil Application No.4631 of 2021 Statement showing detail of petitioner Sr No Name Dt.of Joining as junior clerk Promotion as senior clerk with deemed date 1st HGS of Head Clerk Regular Promotion as Head Clerk Due date for 2nd Higher grade scale Date of retirement Tnd Higher Grade pay to be granted. 1 Vikramsinh Pravinsinh Oabhi 7.5.1979 26.12.83 26.12.92 3.3.2009 26.12.07 30.4.14 9300- 34800 4400 Special Civil Application No. 16133 of 2020 Statement showing detail of the petitioner. 1 Vikramsinh Pravinsinh Oabhi 7.5.1979 26.12.83 26.12.92 3.3.2009 26.12.07 30.4.14 9300- 34800 4400 Special Civil Application No. 16133 of 2020 Statement showing detail of the petitioner. Sr No. Name Dt.of Joining as Jr.Clerk or Clerk Cum-Typist Promotion as senior clerk with deemed date Higher Grade of Head Clerk Regular Promotion as head Clerk or its equivalent Due dates for Higher grade scale Date of retirement Higher Grade pay to be granted. 1 Bhikhubhai Bhavjibhai Sadaria 01.04.1980 26.12.1983 26.12.1992 April, 2002 26.12.2007 31.0.2018 9300-34800 4400 2 Himanshu bhai Bhanushan kar Raval 14.07.1980 27.11.1984 27.11.1993 10.09.2012 27.11.2008 9300-34800 4400 3 Mavjibhai Kanjibhai Katudiya 07.05.1979 26.12.1983 26.12.1992 04.08.2005 26.12.2007 30.09.2012 9300-34800 4400 4 Abhesang Ramubhai Solanki 07.05.1979 26.12.1983 26.12.1992 26.12.2007 30.04.201S 9300-34800 4400 5 Tarsibhai Mavjibhai Piparia 03.05.1979 26.12.1983 26.12.1992 18.07.2005 26.12.2007 31.10.2012 9300-34800 4400 6 Jagdish Kantilal Dabgar 28.07.1980 03.12.1984 03.12.1993 03.12.2008 31.12.2017 9300-34800 4400 7 Harshad Manilal Barot 02.04.1980 26.12.1983 26.12.1992 02.03.2009 26.12.2007 30.09.2017 9300-34800 4400 Sr.No. Name Dt.of Joining 1st Promotion 1st HGS of Senior Clerk upon 9 years Due date for 2nd higher grade scale of Head-clerk Regular promotion as Deputy Account ant Date of retirement Higher Grade pay to be granted. 1 Hasmukhbhai Motiram Parmar 16.5.80 as Peon 16.12.85 as Tide Water (equivalent to Junior Clerk) 6.3.1995 6.3.2010 September, 2018 30.10.2018 9300- 34800 Grade Pay 4400 3.3 It is the case of the petitioners that by virtue of the deemed date of promotion in the cadre of Senior Clerk, on their completion of nine years of service as Senior Clerk, the petitioners were granted the first higher grade scale of Rs.1,400-2,600/- of the cadre of a Head Clerk from their respective due dates which are apparent from the table produced hereinabove. The pay-scale of Rs.1,400-2,600/- came to be revised as Rs.5,000-8,000/-. After receipt of the first higher grade scale of the cadre of Head-clerk, they were promoted to the posts of Head-clerks or its equivalent posts as mentioned in the statement. The pay-scale of Rs. 9,300-34,800/- with Grade Pay of Rs.4,200/- with effect from 01.01.2006 as per the 6th Pay Commission. 3.4 The case of the petitioners as submitted by Ms.Pandya, learned advocate, is that on completion of 15 years of service, after receiving the first higher grade scale, an employee is entitled to receive the second higher grade scale in accordance with the policy of the Government Resolution dated 16.08.1994 modified subsequently by a resolution of 02.07.2007. 3.4 The case of the petitioners as submitted by Ms.Pandya, learned advocate, is that on completion of 15 years of service, after receiving the first higher grade scale, an employee is entitled to receive the second higher grade scale in accordance with the policy of the Government Resolution dated 16.08.1994 modified subsequently by a resolution of 02.07.2007. That the resolution applied to the Board is evident from the resolution of 17.12.2009. The Board also passed the Circular of 11.08.2011 that the subordinate offices should prepare proposals in case of those who became entitles to receive the higher grade after 01.01.2006. Written requests were made by the petitioners that they have rendered 15 years of service after receiving the first higher grade scale, the petitioners were entitled to the second higher grade scale in accordance with the resolution. 3.5 On an opinion sought from the State Government in the communication of 12.09.2014, the State by its letter dated 22.10.2014 opined that in accordance with Clause 2.4(b) of the Government Resolution dated 02.07.2007, those who have received two promotions and one higher grade scale would be entitled to receive the second higher grade scale upon completion of 15 years of service from the date of receipt of the first higher grade scale subject to fulfilment of the eligibility criteria. The case of the petitioners is that the petitioners were not granted the benefit of the second higher grade scale on the stand of the respondent-Board that in accordance with clause 2(3) of the resolution dated 02.07.2007, they were not entitled to the benefit of the second higher grade scale. 3.6 Ms. Pandya, learned counsel for the petitioners, would submit that in case of such similarly situated employees, this Court had an occasion to consider the case of the extension of the benefits of the second higher grade scale on completion of 15 years of service and the Court by a decision rendered in Special Civil Application No. 10318 of 2018 dated 16.01.2020 interpreting Clause 2, sub-clause(2)(3)&(4) of the resolution dated 02.07.2007 held in favour of the petitioner and directed the respondents to grant the second higher grade scale of Rs.9,300-34,800, Grade Pay of Rs.4,400/- to the petitioners from their due dates with all consequential benefits, including arrears and consequential fixation of pay and pension. When the said decision was carried in an appeal, the Division Bench of this Court affirmed the decision in Letters Patent Appeal No. 506 of 2020 and the Special Leave to Appeal filed before the Hon'ble Supreme Court at the hands of the Board also failed. That decision was also followed by a Co-ordinate Bench of this Court in Special Civil Application No. 8600 of 2020 dated 23.09.2020 and in Special Civil Application No. 21303 of 2019 by an order dated 06.12.2021, which was also affirmed in the Appeal filed in SCA No.8600 of 2020. 4. Ms.Sejal Mandavia, learned counsel appearing for the respondent - Board would take the Court through the affidavit-in-reply filed on behalf of the Board. The preliminary objection of Ms.Mandavia, learned advocate, was that the petition was not maintainable looking to the number of petitioners. The objection of the Board is that since all the petitioners were promoted on the post of Head Clerks and subsequently have asked for the second higher grade scale, the petitioners cannot take shelter of the beneficial clauses of the resolution. The stand which is taken by the Board is akin to the one that was once taken before this Court, inasmuch as, the stand of the Board is that once they have got two promotions, they cannot give the second higher pay scale. The additional affidavit filed by the learned counsel, raises an objection that as far as the petitioners Nos. 1, 7 and 12 are concerned, the service details of these petitioners are disputed inasmuch as, as per the service details available with the Board, they are not entitled to the benefit of pay-scale in the second higher grade scale as prayed for. 4.1 To this, Ms.Pandya, learned advocate for the petitioners, would submit that she has serious dispute with regard to the service details furnished by the Board and in fact, these petitioners, namely, petitioners Nos. 1, 7 and 12 could qualify for the benefits akin to the remaining petitioners and the petitioners of Special Civil Application No.10318 of 2018. 5. Having considered the submissions made by the learned counsels for the respective parties and having perused the papers, essentially the dispute therefore is whether the petitioners who have got promotion can be entitled to the benefit of second higher grade scale. This very issue was considered by this Court in Special Civil Application No. 10318 of 2018. 5. Having considered the submissions made by the learned counsels for the respective parties and having perused the papers, essentially the dispute therefore is whether the petitioners who have got promotion can be entitled to the benefit of second higher grade scale. This very issue was considered by this Court in Special Civil Application No. 10318 of 2018. It will be in the fitness of things to reproduce paras 4 to 12 thereof, which considered the facts and the interpretation of the matter at hand. "4. In both these petitions, the case of the petitioners is that on completion of 15 years of service after their completion of nine years of service in the first higher grade scale, the petitioners are entitled to the benefit of the Second Higher Grade Scale of Rs.9300-34800. This claim of the petitioners is based on the scheme of granting the benefit of the Second Higher Grade Scale in accordance with the Government Resolution dated 02.07.2007, which provided that an incumbent who has completed 24 years of service is entitled to the Second Higher Grade Scale. It was their case therefore that they having got the First Higher Grade Scale in accordance with the resolution dated 16.08.1994 on completion of 9 years of service, they would be entitled to the Second Higher Grade Scale on completion of 15 years of service. 5. Ms.Harshal Pandya learned counsel for the petitioners invited my attention to the Government Resolution dated 02.07.2007. Drawing my attention to Clause-2(2)(3)(4) of the resolution, she would submit that in the event an incumbent completes 12 years of service as per Clause 2 of the resolution, such an incumbent will be entitled to the First Higher Grade Scale subject to the fact that he has not earned more than one promotion. Clause-2(3) of the resolution would entitle the benefit of Second Higher Grade Scale after 24 years i.e. 12 years after the First Higher Grade Scale, however, subject to the same qualification that he should not have earned more than one promotion. Reliance is placed on Clause-2(4)(a) and (b) to submit that if an employee who has secured the First Higher Grade Scale in accordance with the resolution dated 16.08.1994 on completion of 9 years of service, such employee shall get the Second Higher Grade Scale on completion of 15 years thereafter (in all on completion of 24 years). Reliance is placed on Clause-2(4)(a) and (b) to submit that if an employee who has secured the First Higher Grade Scale in accordance with the resolution dated 16.08.1994 on completion of 9 years of service, such employee shall get the Second Higher Grade Scale on completion of 15 years thereafter (in all on completion of 24 years). There is no condition in the clause as compared to sub-clause (2) and (3) that such entitlement is not available if an incumbent has earned more than one promotion as is so found in clause 2(2) and 2(3) of the resolution. 6. In accordance with these, Ms.Pandya submitted that the petitioners therefore made representations to the authorities for grant of Second Higher Grade Scale. Inviting my attention to the resolution dated 18.02.2011, she would submit that even while clarifying the resolution dated 02.07.2007, nothing was stated so as to disqualify the petitioners from entitlement of a Second Higher Grade Scale. 7. She invited my attention to the communication dated 24.01.2014 addressed by the Administrative Officer to his superior by which his case was recommended for the grant of benefit of the Second Higher Grade Scale. She further submitted that the Board by a communication dated 12.09.2014 in case of two other employees, wrote to the State Government, seeking its' opinion and in the letter it was the stand of the Board that even if an employee had received two promotions, in accordance with Clause 2(4)(b) of the Government Resolution dated 02.07.2007, such employees were entitled to the Second Higher Grade Scale on completion of 15 years of service after the First Higher Grade Scale of nine years. From the communication dated 22.10.2014 of the State Government addressed to the Board, she submitted that a positive opinion was given by the State that such employees are entitled to the benefit of Second Higher Grade Scale in accordance with Clause 2(4)(b). She also, in support of her submission, relied on a communication dated 04.03.2008 addressed by the State through the Finance Department to the Examiner, Local Fund Authorities by which the petitioners' contention was accepted. 8. Ms.Sejal Mandavia learned counsel for the respondent Board through her affidavit-in-reply would submit that though the service details of the petitioners are not disputed, the petitioners are not entitled to the benefit of Second Higher Grade Scale. 8. Ms.Sejal Mandavia learned counsel for the respondent Board through her affidavit-in-reply would submit that though the service details of the petitioners are not disputed, the petitioners are not entitled to the benefit of Second Higher Grade Scale. She would rely on the Government Resolution dated 16.08.1994 to contend that the resolution specifically provides in Clause-3 thereof that in case an employee receives two or more promotions, he would not be entitled to the benefit of the higher grade scale. She would further submit that the petitions are barred by gross delay and laches. She would submit that the petitioners have retired in the year 2012 and have approached this Court more than six years after such retirement and are praying for benefits after 11 years from the date of their entitlement and the petitions therefore must be dismissed. 9. Having considered the submissions of the learned advocates for the parties, what needs to be adjudged is whether since the petitioners have earned two promotions and one Higher Grade Scale, they can be deprived of the benefit of the Second Higher Grade Scale. 10. It is in this context that Clause 2, sub-clauses (2), (3) and (4) need to be read. When sub-clauses (2) and (3) are read, they make it clear that only when a beneficiary of the First Higher Grade Scale on completion of 12 years of service in accordance with the Resolution of 02.07.2007 is given such benefit, he is entitled to the benefit of the Second Higher Grade Scale on completion of further 12 years of service. This is subject to a qualification that such an incumbent has not earned more than one promotion and/or First Higher Grade Scale. 11. When in this context, sub-clauses (4)(a) and (b) are read, they specifically provide that when an incumbent earns his first higher scale on completion of nine years of service in accordance with the Government Resolution dated 16.08.1994, he shall earn the Second Higher Grade Scale on completion of 15 years thereafter. There are no riders in the clause that the earning of promotion and/or a higher grade scale would disentitle the incumbent of earning the Second Higher Grade Scale after the First Higher Grade Scale of nine years in accordance with the resolution dated 16.08.1994. There are no riders in the clause that the earning of promotion and/or a higher grade scale would disentitle the incumbent of earning the Second Higher Grade Scale after the First Higher Grade Scale of nine years in accordance with the resolution dated 16.08.1994. Reading of the communication dated 12.09.2014 addressed by the Gujarat Maritime Board asking for its' opinion and the stand of the Government as is evident from the Finance Department's communications dated 04.03.2008 and 22.10.2014 make it clear that interpreting sub-clause 4(b) of Clause-2 of the resolution, the stand of the State is that one who has earned the First Higher Grade Scale on completion of nine years of service in accordance with the resolution dated 16.08.1994, is entitled to the Second Higher Grade Scale in accordance with the Government Resolution dated 02.07.2007 after completing 15 years thereafter. This of course is subject to the incumbents satisfying other conditions of the Government Resolution dated 16.08.1994. 12. Keeping these clarifications in mind, the petitioners are entitled to the reliefs prayed for and therefore, the respondents are directed to grant Second Higher Grade Scale of Rs.9300-34800/-, G.P. Rs.4400/- to the petitioners from their due dates with all consequential benefits including arrears and consequential fixation of pay and pension." 5.1 At the cost of reiteration, the clause as referred to by the learned counsels for the parties were interpreted in paras 9, 10 and 11 which reads as under: "9. Having considered the submissions of the learned advocates for the parties, what needs to be adjudged is whether since the petitioners have earned two promotions and one Higher Grade Scale, they can be deprived of the benefit of the Second Higher Grade Scale. 10. It is in this context that Clause 2, sub-clauses (2), (3) and (4) need to be read. When sub-clauses (2) and (3) are read, they make it clear that only when a beneficiary of the First Higher Grade Scale on completion of 12 years of service in accordance with the Resolution of 02.07.2007 is given such benefit, he is entitled to the benefit of the Second Higher Grade Scale on completion of further 12 years of service. This is subject to a qualification that such an incumbent has not earned more than one promotion and/or First Higher Grade Scale. 11. This is subject to a qualification that such an incumbent has not earned more than one promotion and/or First Higher Grade Scale. 11. When in this context, sub-clauses (4)(a) and (b) are read, they specifically provide that when an incumbent earns his first higher scale on completion of nine years of service in accordance with the Government Resolution dated 16.08.1994, he shall earn the Second Higher Grade Scale on completion of 15 years thereafter. There are no riders in the clause that the earning of promotion and/or a higher grade scale would disentitle the incumbent of earning the Second Higher Grade Scale after the First Higher Grade Scale of nine years in accordance with the resolution dated 16.08.1994. Reading of the communication dated 12.09.2014 addressed by the Gujarat Maritime Board asking for its' opinion and the stand of the Government as is evident from the Finance Department's communications dated 04.03.2008 and 22.10.2014 make it clear that interpreting sub-clause 4(b) of Clause-2 of the resolution, the stand of the State is that one who has earned the First Higher Grade Scale on completion of nine years of service in accordance with the resolution dated 16.08.1994, is entitled to the Second Higher Grade Scale in accordance with the Government Resolution dated 02.07.2007 after completing 15 years thereafter. This of course is subject to the incumbents satisfying other conditions of the Government Resolution dated 16.08.1994." (Emphasis supplied) 5.2 That decision of the Co-ordinate Bench was carried in an appeal, namely, Letters Patent Appeal No.506 of 2020 and the Division Bench of this Court vide oral order dated 09.09.2020 in para 2 held as under: "2. The learned Single Judge, after considering the relevant Government Resolutions dated 16th August 1994, 2nd July 2007 and other clarifications issued by the Gujarat Maritime Board and the State Government, as also the opinion given by the State Government, came to the conclusion that the writ petitioner (respondent herein) was entitled to the second Higher Grade Scale as per the Government Resolution dated 2nd July 2007 read with earlier Government Resolution dated 16th August 1994. It is admitted fact that the petitioner came to be appointed in 1978, thereafter, got first promotion on 10th September 1980 as Senior Clerk, from the post of Junior Clerk with effect from 26th December 1983. It is admitted fact that the petitioner came to be appointed in 1978, thereafter, got first promotion on 10th September 1980 as Senior Clerk, from the post of Junior Clerk with effect from 26th December 1983. Thereafter, in 1992, upon completing 9 years of service in the cadre of Senior Clerk, he was granted the first Higher Grade Scale. Later on, in 2005, the petitioner was given promotion as Head Clerk in the same Pay Scale which was given to him as Higher Grade Scale in 1992. Thus, it is clear that the Higher Grade Scale given in 1992 and promotion in 2005 are in the same Pay Scale. Even from 1992, the writ petitioner has continued in the same Pay Scale and as such, under the Government Resolution referred above, he was entitled to next Higher Grade Scale after completing 15 years of service which would be available to him in 2007. The learned Single Judge has thus, extended the benefit correctly." 5.3 The Hon'ble Supreme Court affirmed that order of this Court while dismissing the Special Leave Petition vide order dated 08.02.2021. 5.4 The learned Single Judge of this Court by its order of 06.12.2021 in Special Civil Application No.21303 of 2019 has considered the issue and held as under: "8. The core issue raised in the writ petition is that whether the petitioner though has earned two promotions and one higher pay-scale, whether he can be deprived of the benefit of the Second Higher Grade Scale when his pay-scale has remained the same after promotion. 9. I may with profit refer to the order dated 09.09.2020 passed by the Division Bench in Letters Patent Appeal No.506 of 2020 passed in similar set of facts against the same respondent Maritime Board. The Division Bench has held thus: "2. The learned Single Judge, after considering the relevant Government Resolutions dated 16th August 1994, 2nd July 2007 and other clarifications issued by the Gujarat Maritime Board and the State Government, as also the opinion given by the State Government, came to the conclusion that the writ petitioner (respondent herein) was entitled to the second Higher Grade Scale as per the Government Resolution dated 2nd July 2007 read with earlier Government Resolution dated 16th August 1994. It is admitted fact that the petitioner came to be appointed in 1978, thereafter, got first promotion on 10th September 1980 as Senior Clerk, from the post of Junior Clerk with effect from 26th December 1983. Thereafter, in 1992, upon completing 9 years of service in the cadre of Senior Clerk, he was granted the first Higher Grade Scale. Later on, in 2005, the petitioner was given promotion as Head Clerk in the same Pay Scale which was given to him as Higher Grade Scale in 1992. Thus, it is clear that the Higher Grade Scale given in 1992 and promotion in 2005 are in the same Pay Scale. Even from 1992, the writ petitioner has continued in the same Pay Scale and as such, under the Government Resolution referred above, he was entitled to next Higher Grade Scale after completing 15 years of service which would be available to him in 2007. The learned Single Judge has thus, extended the benefit correctly. 3. In view of the above, we do not find any error in the order of the learned Single Judge warranting interference in this appeal. The same is accordingly dismissed." 10. Thus, in similar set of facts, the Division Bench has held that if the pay-scale of an employee remains the same even after the grant of higher grade scale and promotion, then he will be entitled to the higher pay-scale after completion of 15 years in service. 11. Thus, the petitioner is entitled to the reliefs prayed for and therefore, the respondents are directed to grant the Second Higher Grade Scale of Rs.9300-34800/-, G.P. Rs.4400/- to the petitioner from his due date with all consequential benefits, including arrears and consequential fixation of pay and pension." 5.5 Therefore, it appears to be beyond dispute and debate that the present petitioners are entitled to the reliefs as prayed for in this petition. 6 The petitions (except SCA No.2417 of 2021) are allowed accordingly. The respondents are directed to extend the benefits of the second higher grade scale of Rs. 9,300-34,800/- Grade Pay of Rs.4,400/- to the petitioners from their due dates with all consequential benefits including arrears and consequential fixation of pay and pension. The petitions are allowed in the aforesaid terms. 6 The petitions (except SCA No.2417 of 2021) are allowed accordingly. The respondents are directed to extend the benefits of the second higher grade scale of Rs. 9,300-34,800/- Grade Pay of Rs.4,400/- to the petitioners from their due dates with all consequential benefits including arrears and consequential fixation of pay and pension. The petitions are allowed in the aforesaid terms. As far as the petitioner of Special Civil Application No. 2417 of 2021 is concerned, the respondents are directed to extend the benefits of the second higher grade scale of Rs. 9,300-34,800/- Grade Pay of Rs.4,200/- to the petitioner from his due dates with all consequential benefits including arrears and consequential fixation of pay and pension. The petition is allowed in the aforesaid terms. In view of the order passed in the main matter, civil application also stand disposed of, accordingly. (10.) Accordingly, the petition is allowed. The respondent authorities are directed to grant the second higher grade scale of Rs.9300-34800/-, Grade Pay 4400/- to the petitioners on their completion of 15 years of service from the date of they having received the higher grade scale pursuant to the Government Resolution dated 02.07.2007. The petitioners shall be entitled to all the consequential benefits including arrears and consequential fixation of pay and pension with appropriate revision. The entire exercise shall be carried out within a period of 12 weeks from the date of receipt of copy of this order. (11.) Rule is made absolute. Direct service is permitted.