JUDGMENT : 1. This petition under Article-226 of the Constitution of India is filed with following prayers : “(A) YOUR LORDSHIPS may pleased to direct the respondents to revise the Scale for the Post of Junior Inspector (working and retired) of Legal Metrology from Rs. 1400/2300 to 1640/2900 w.e.f 1.1.86, and make subsequent revisions in subsequent Revision of Pay Bills of Government of Gujarat; and further direct the Respondents to fix the salary of the petitioner in the Scale of 1640/2900 with effect 1.1.86 of all the Junior Inspector (working and retired) of Metrology working under Respondent No.1 and further direct the respondents to pay the difference and arrears of the salary in the Scale of Rs.1640/2900 with effect 1.1.86, with all subsequent revisions, to all Junior Inspector of Legal Metrology working under (working under) Respondent No.1 by way of writ of Mandamus or writ of Certiorari or any other writ, order or direction as the Hon’ble Court deems just and proper; (B) The pay scales of Senior Inspectors (working and retired) of Legal Metrology Department, Govt of Gujarat be also similarly revised from 1640/2900 to 2000/3200 w.e.f. 1.1.86, will all consequential revisions in Pay scales, as prayed for above since Junior Inspectors are feeder cadre of Senior Inspectors.” 2. Essentially, the grievance of the petitioners is anomaly, which has crept in, in their pay structure. 3. Learned Advocate for the petitioner submitted that the petitioners initially, as per the report of the Pay Commission, were at par with the Additional Assistant Engineers. However, in the midway, the pay-scale of the Additional Assistant Engineer was hiked and whereas, the petitioner’s post continued on the same pay-scale. It is submitted that educational qualification prescribed for the post of Legal Metrology Inspectors to which the members of the petitioner are appointed, was much higher than that of the Additional Assistant Engineer. The work experience was also higher and as this hike in their pay-scale of the Additional Assistant Engineer came to the knowledge of the petitioners, the petitioner-Association made representation, which was not answered and hence, the petition came to be filed. 4. The work experience was also higher and as this hike in their pay-scale of the Additional Assistant Engineer came to the knowledge of the petitioners, the petitioner-Association made representation, which was not answered and hence, the petition came to be filed. 4. Learned Advocate for the petitioner has drawn attention of this Court to Special Civil Application No.9504 of 1996, which was filed for the purpose and pending that case of the petitioner, was referred to the Anomaly Committee to consider the anomaly which had crept in the pay-scale between the Additional Assistant Engineer and Legal Metrology Inspector. It is submitted that as the petition was pending before this Court, the Anomaly Committee was unable to decide and hence, the petitioner withdrew the earlier petition, which was disposed of by order dated 01-02-1999, leaving it open for the Anomaly Committee to independently take the decision. It is submitted that Anomaly Committee did consider the case of the petitioner, however, compared the same with three other posts, viz. Mamlatdar, Police Sub Inspector and Sales Tax Inspector. However, Anomaly Committee failed to compare the case of the petitioner with the Additional Assistant Engineer, with whom the petitioners were claiming parity. 5. Learned Advocate for the petitioner submitted that in any case, though recommendation of the Anomaly Committee was to maintain such disparity, but the State Government, in its decision, has not accepted the recommendation of the Anomaly Committee, thereby indirectly, the State has acknowledged disparity in the pay-scale of the Legal Metrology Inspector and Additional Assistant Engineer, despite the educational qualification and work experience of the petitioners being higher and at one stage, both were at par in so far as pay-scale is concerned. 6. As against this, learned AGP has opposed to the grant of petition by submitting that the educational qualification may not be the criteria for comparing the pay-scale, more particularly when the claim of the petitioners was of the pay-scale, which is allocated to Class-II posts, whereas the petitioners are belonging to Class-III post and therefore, there cannot be any comparison. It is submitted that the Anomaly Committee has rightly taken into consideration the aspect of variation in educational qualification required for the post of Mamlatdar, Police Sub Inspector and Sales Tax Inspector, which according to learned AGP, are the comparable posts and hence, was justified in rejecting the claim of the parity. 7. It is submitted that the Anomaly Committee has rightly taken into consideration the aspect of variation in educational qualification required for the post of Mamlatdar, Police Sub Inspector and Sales Tax Inspector, which according to learned AGP, are the comparable posts and hence, was justified in rejecting the claim of the parity. 7. In rejoinder, learned Advocate for the petitioner has drawn attention of this Court to various Recruitment Rules to submit that the post of Additional Assistant Engineer cannot be said to be Class-II post as the Recruitment Rules defines the post of Additional Assistant Engineer as Class-III in the Superior Panchayat Service Recruitment Rules, 2014. 8. Having considered the rival submissions of the parties and having perused the documents on record, it appears that in the Gujarat Civil Services (Revision of Pay) Rules, 1987, Junior Inspectors of Weights and Measures, was having pay-scale between 425-700, which was revised to 1400-2300. Similarly, in the same revision of Pay Rules, post of Additional Assistant Engineer (Electrical, Mechanical and Civil), which was also previously having the same pay-scale of 425-700, was revised to 1400-2300. Meaning thereby, in so far as the Gujarat Civil Services (Revision of Pay) Rules, 1987 are concerned, pay-scales of both the Juniors Inspectors of Weights and Measures and Additional Assistant Engineer were at par. The Recruitment Rules for Junior Inspector of Legal Metrology, Class-III prescribed the qualification as under : “3. To be eligible for appointment by direct selection to the post mentioned in rule 2, a candidate shall, (a) not more than 28 years of age; Provided that the upper age limit may be relaxed in favour of a candidate who is already in the service of the Government of Gujarat in accordance with the provisions of the Gujarat Civil Service Classification and Recruitment (General)Rules, 1967. (b) possess (i) a second class degree in science with physics as a principal subject; or (ii) a degree in engineering in Mechanical or Electrical or Electronics; or (iii) a degree in chemical technology of any of the Universities established or incorporated by or under the Central or State Act in or any other Educational Institution recognized by the Government or declared to be a deem University under Section 3 of the University Grants Commission Act, 1956 or possess an equal qualification recognized as such by the Government; or (iv) a second class diploma in Mechanical or Electrical or chemical technology award the Technical Examination Board or any of the Universities established or incorporated by under the Central or State Act in India or any other Educational Institution recognized as sub declared to be a deemed university Section 3 of the University Grants Commission Act, or possess an equivalent qualification recognized by the Government and have about two years experience in the field in which he obtained the diploma in workshop or industrial or chemical concern. (c) possess the basic knowledge of computer application as prescribed in Gujarat Civil Services Classification and Recruitment (General) rules 1967: (d) possess adequate knowledge of Gujarati or Hindi or both” 9. At the same time, the Recruitment Rules for Additional Assistant Engineer in the subordinate Engineering Service, Class-III prescribed the educational qualification as under : “3. To be eligible for appointment by direct selection to the post mentioned in rule-2, candidate must: (a) be not more than 28 years of age; (b) possess a diploma in Civil Engineering of a University or Technical Examination Board or an Institution recognized by the Government of Gujarat or qualification equivalent thereto recognized by the Government of Gujarat.” 10. Similarly, even for the Panchyat Service, post of Additional Assistant Engineer, Class-III also prescribes educational qualification, which is similar to that as prescribed herein-above in the preceding paras. 11. From the record, it appears that in the year 1992, the post of additional Assistant Engineer in each discipline received hike in the pay-scale wherein pay-scale of 425- 700 was revised to 1640-2900 with effect from 01-04- 1992. 11. From the record, it appears that in the year 1992, the post of additional Assistant Engineer in each discipline received hike in the pay-scale wherein pay-scale of 425- 700 was revised to 1640-2900 with effect from 01-04- 1992. The Government Resolution dated 9th October, 1992 pertaining to the amendment to Schedule-C of the Gujarat Civil Services (Revision of Pay) Rules, 1987 clearly indicates increase in the pay-scale of Additional Assistant Engineer, whereas the pay-scale of Junior Metrology Inspector continued to be so. This anomaly continued even in the year 1998, when the State came out with the Gujarat Civil Services (Revision of Pay) Rules, 1998, wherein Junior Inspectors of Weights and Measures, which was given pay-scale of 1400-2300, was revised to 4500-7000, whereas the Additional Assistant Engineer, who were treated to be in the pay-scale of 1640-2900, got the revision of pay to 5500-9000. 12. The Court has taken into consideration the fact that the petitioner had agitated this issue immediately by filing Special Civil Application No.9504 of 1996. However, considering the fact that Anomaly Committee was appointed to take into consideration such cases and as the petition was pending and the Anomaly Committee was not considering the case of the petitioner, such petition came to be disposed of by order dated 01-02-1999, wherein the petition was withdrawn so as to enable the Anomaly Committee to examine the case of the petitioner. The outcome of the Anomaly Committee was never communicated to the petitioner-Association. However, along with the affidavit in reply, report of the Anomaly Committee was placed on record. Perusal of the Anomaly Committee proceedings would indicate that the petitioner had claimed parity of pay-scale with the post of Mamlatdar, Police Sub Inspector, Sales Tax Inspector as well as Additional Assistant Engineer. However, in the report of the Anomaly Committee, apparently, comparison with the post of Additional Assistant Engineer was left out and parity with regard to other three posts was only made and by considering the fact the educational qualification as well as nature of work for the post of Mamlatdar, Police Sub Inspector and Sales Tax Inspector being different from the work of Junior Metrology Inspector, disparity was not removed. 13. The Anomaly Committee Report was also examined by the Cabinet Committee, which also upheld the report of the Anomaly Committee. 13. The Anomaly Committee Report was also examined by the Cabinet Committee, which also upheld the report of the Anomaly Committee. However, it would be appropriate to observe that the Finance Department had passed the Resolution dated 23rd November, 2011 (which is annexed as Annexure-RII), wherein it was resolved not to accept the report of the Anomaly Committee with regard to disparity of pay-scale. It would be appropriate to mention that once the Government has also not accepted the recommendation of the Anomaly Committee, indirectly disparity of pay-scale has been acknowledged by the State Government. 14. Argument offered by learned AGP under instruction that the post of Junior Metrology Inspector is Class-III post, whereas the claim of pay-scale comparable to the Additional Assistant Engineer by the petitioner, is unwarranted as the Additional Assistant Engineer is Class-II post and therefore, such argument particularly cannot be accepted in view of the fact that Recruitment Rules of the Additional Assistant Engineer, which are placed at Annexure-P and Annexure-Q, would indicate that the post of Additional Assistant Engineer in subordinate Engineering Service is Class-III as per the Recruitment Rules. 15. In view of the aforesaid, the Court is of the view that the anomaly has crept in with regard to the pay-scale, which was at the initial stage similar to and at par with Additional Assistant Engineer with effect from the revision of pay-scale 1987, when pay-scale of Additional Assistant Engineer was revised in the year 1992, wherein revised pay-scale of 1640-2900 was given with effect from 01-04-1992. This anomaly, in the opinion of the Court, has been acknowledged by the State Government and therefore, the same is required to be rectified. Considering the passage of time in between after filing of the first petition in the year 1996, the Court deems it fit to direct the Finance Department, State of Gujarat to consider the case of the petitioners in light of the observations made herein above, treating the post of Junior Metrology Inspector at par with the Additional Assistant Engineer, Class-III. Such exercise to be undertaken by the Finance Department within period of three months from the date of receipt of writ of the judgment of this Court. It will be open for the Finance Department to examine the nature of work of the Additional Assistant Engineer and Junior Metrology Inspector. 16. The petition stands allowed to the aforesaid extent. Such exercise to be undertaken by the Finance Department within period of three months from the date of receipt of writ of the judgment of this Court. It will be open for the Finance Department to examine the nature of work of the Additional Assistant Engineer and Junior Metrology Inspector. 16. The petition stands allowed to the aforesaid extent. Rule is made absolute with no order as to costs.