JUDGMENT : BIREN VAISHNAV, J. 1. This appeal under Clause 15 of the Letters Patent has been filed by the original petitioner. By a CAV judgment dated 26.02.2014, the learned Single Judge dismissed the petition. Hence, the appeal. 2. The appellant had approached this court praying that it be declared that since he had completed 9 years of service in Class-3 post of Junior Clerk in the pay scale of Rs.3050-4590/- on 11.04.2000 and entitled to the second higher grade scale on completion of further nine years’ service on 11.04.2009 as per the Government Resolution dated 16.08.1994. He prayed for a further direction to revise his pay fixation and pay arrears. The prayer in the petition reads as under: “(b) to hold and declare and direct that the petitioner who has completed 9 years' service in the Class-III post of Junior Clerk in the pay scale of Rs.3050-4590 on 11-4-2000 is entitled to the First Higher Grade Pay Scale of Rs.4000-6000 w.e.f. 11-4-2000 and is entitled to Second Higher Grade Pay Scale on completion of further 9 years' service on 11.4.2009 in the said cadre as per GR dated 16.8.1994, and the respondents be directed to revise the petitioner's pay- fixation accordingly and to pay the arrears within a period of one month. (c) to quash and set aside the illegal actions/decisions/orders of the State Government dated 4.6.2005 and 3.8.2006 as per Annexure-C colly, declining to approve First Higher Grade Pay-Scale of Rs.4000-6000 to the petitioner on completion of 9 years' service in Class-III cadre of Junior Clerk on 11.4.2000 as per G.R. dated 16-8-1994. (d) to quash and set aside the impugned order of the State Government dated 17.2.2011 as communication to the petitioner by the Ld. Tribunal's letter dated 9.3.2011 as per Annexure-D colly, declining to grant Second Higher Grade Pay Scale to the petitioner w.e.f. 11.4.2009 in the Class- III cadre of Junior Clerk as per G.R. dated 16-8-1994. (e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay further operation of the impugned orders of the State Government dated 4.6.2005 and 3.8.2006 as per Annexure-C colly. as well as the impugned order of the State Government dated 17.2.2011 as communicated to the petitioner by the Ld. Tribunal's letter dated 9.3.2011 as per Annexure-D colly. (e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay further operation of the impugned orders of the State Government dated 4.6.2005 and 3.8.2006 as per Annexure-C colly. as well as the impugned order of the State Government dated 17.2.2011 as communicated to the petitioner by the Ld. Tribunal's letter dated 9.3.2011 as per Annexure-D colly. and to sanction and pay the First and Second Higher Grade Pay Scales w.e.f. 11-4-2000 and 11-4-2009 respectively in the Class-III post of Junior Clerk, as per GR dated 16.8.1994. (f) to grant any other appropriate and just reliefs. (g) to direct the respondents to sanction the First Higher Grade Pay-Scale of Rs.4000-6000 w.e.f. 11/04/2000 in the Class- III cadre of Junior Clerk on completion of 9 years’ service in the Pay Scale of Rs.3050-4590 in the said cadre as has been sanctioned in case of the exactly similarly situated another co-employee Mr. Ratansinh Joravarsinh Jadav.” 3. Facts in brief are that the petitioner joined as a peon in the Education Tribunal on 02.04.1975 in the pay scale of Rs.750-940/- in accordance with higher grade pay scheme of 05.07.1991, the appellant was granted the first higher pay scale of Rs.775-1025/- with effect from 01.06.1987. The petitioner was subsequently promoted as clerk-cum-typist on 11.04.1991 and placed in the pay scale of Rs.950-1500/- which was converted into pay scale of Rs.3050-4590/-. The appellant completed nine years of service as clerk-typist on 11.04.2000. It appears that the department sought a clarification whether the appellant was entitled to the first higher grade pay scale on completion of nine years of service int eh cadre of junior clerk, however, the request of the appellant was rejected on the ground that since the appellant-petitioner was promoted as junior clerk, he was not entitled to the higher pay scale. He filed the aforesaid petition challenging the rejection which was ultimately dismissed. 4. Mr. K.B. Pujara learned counsel for the appellant would submit that as per the Class-3 of the government Resolution dated 16.08.1994, an employee became entitled for first higher grade pay scale on completion of nine years and even if the appellant-petitioner was promoted, the clause clearly envisages completion of nine years in the new cadre and therefore merely because he was promoted would not make any difference. 5. Mr. 5. Mr. Sanjay Udhwani learned AGP would submit that the learned Single Judge committed no error as the scheme for granting of higher pay scale is only when there is stagnation and there are no chances of promotion. The appellant would not be entitled to the higher pay scale by virtue of the fact that he was already promoted to the post of junior clerk. The impugned communication is therefore just and proper. 6. Having considered the submissions made by the learned counsel for the respective parties, the relevant dates for our consideration as per the service record of the appellant are as under: S. No. Particulars Ratansinh Joravarsinh Rathod M.D. Parmar (Petitioner) 1 Birth-date 1-6-1954 1-6-1956 2 Date of joining as Peon in Education Tribunal 28-10-1974 2-4-1975 3 Pay-scale at the time of joining 725-940 725-940 4 Date of granting of First Higher Pay-scale 1-6-1987 1-6-1987 5 First Higher Pay-scale 775-1025 775-1025 6 Promoted as Clerk/Typist on 23-12-1988 11-4-1991 7 Pay-scale at the time of promotion 3050-4590 3050-4590 8 Date of completing 9 years’ service as Clerk/Typist 23-12-1997 11-4-2000 9 Higher pay-scale of Rs. 4000-6000 GRANTED NOT-GRANTED 10 Retired ON 30-6-2012 30-6-2014 7. Reading of the scheme of the Government Resolution dated 16.08.1994 which envisages the benefit of higher grade pay scale indicates that in order to see that there is no stagnation in a particular cadre or a pay scale, an incumbent eligible to be so considered is granted the benefit of the higher pay scale. Clause-3 of the scheme of Government Resolution dated 16.08.1994 provides that earlier the higher grade scale was available in accordance with the resolution dated 05.07.1991, it was with the purpose to overcome lack of promotional avenues or restricted avenues for promotion to the higher post. Reading of Clause-3 would indicate that the intention of the scheme was to prevent stagnation in the particular pay scale or cadre. For an incumbent who would otherwise be promoted or be entitled for promotion. Reading of the clause would further indicate that a person in a related cadre and the pay scale would be entitled to the benefit of higher grade pay scale on having completed 9, 18 and 27 years in the related cadre or pay scale. Clause-3 of the resolution dated 16.08.1994 reads as under: “3. Reading of the clause would further indicate that a person in a related cadre and the pay scale would be entitled to the benefit of higher grade pay scale on having completed 9, 18 and 27 years in the related cadre or pay scale. Clause-3 of the resolution dated 16.08.1994 reads as under: “3. REVISED HIGHER GRADE SCALE SCHEME: At present the Higher Grade Scheme is in force under Government Resolution, Finance Department No. AOP-1091-3-M, dated 5th July, 1991 and amendments made from time to time as well as the resolution/circulars issued therefore as referred to at Sr. Nos. 1 to 22 in the preamble. In view of the facts stated in the preamble above, it will be found that the present scheme is brought into effect with the intent to see that the pay of the Government employees is not stagnated at the maximum stage in their grade if there is no or limited chances of promotion during their service. It is found from the experience that though there are chances of promotion or the regular promotion is secured at interval of time under present orders and employee is not stagnated at maximum stage in his pay scale, he becomes eligible to have the benefit of First, Second and Third Higher Grade Scale on completion of 9-18- 27 years of service. With reference to this background and after full consideration in the matter, Government, instead of the provisions of resolutions mentioned as read, after revising the scheme ab-initio, is hereby pleased to direct that the employees who have completed 9 years of service in the respective cadre and the grade on 1st June, 1987 or whenever they complete 9 years of service in the grade of the respective cadre after this date shall be eligible for First Higher Grade Scheme. Even though they have completed more than 9 years of service that means 18-27 years of service in the same cadre on 1-6-87, they shall be eligible only for First Higher Grade Scale. Even though they have completed more than 9 years of service that means 18-27 years of service in the same cadre on 1-6-87, they shall be eligible only for First Higher Grade Scale. Whereas the Second and Third Higher Grade Scale shall be admissible to the employee at 18 and 27 years in the grade of respective cadre after 1st June, 1987 or if the employee has completed one year after reaching the maximum stage in the respective higher/promotional grade and has stagnated, whichever is later, provided he should not have got more than two promotions/higher grade prior to that. After getting the higher grade if the employee is promoted on the promotional post, it will be considered that he has got only one Higher Grade/Promotion. With reference to existing orders, the orders sanctioning the second and third higher grade scale to the respective employees shall be considered null and void. Thereupon, due to availing of second and third higher grade scale according to the previous orders the amount of difference which is credited to G.P.F. account of the respective employees is required to be transferred to the Government accounts. Orders in this respect are being issued separately. This revised scheme shall be subject to following other conditions/provisions: 3(1) This scheme shall be applicable to all the posts carrying pay or scale of pay, the maximum stage of which does not exceed Rs.3500/- per month. 3(2) The First H.G.S. shall be granted to the employee who has completed 9 years of service in the respective cadre and pay scale provided that the said employee should not have got more than two promotions prior to this. For the purpose of granting the Higher Grade Scale 9 years service in respective pay scale means the regular service being taken into account for the purpose of seniority of employees recruited by approved method and rendered in the one and same cadre and grade shall be taken into consideration. However, the service of isolated cadres in the other cadres without the request of employee and the earlier service of isolated cadre which may be encadred hereafter or cadres whose pay scale is equal but nomenclature is changed may be taken into consideration for sanctioning the Higher grade Scale. However, the service of isolated cadres in the other cadres without the request of employee and the earlier service of isolated cadre which may be encadred hereafter or cadres whose pay scale is equal but nomenclature is changed may be taken into consideration for sanctioning the Higher grade Scale. Similarly, in individual cases also, if the Government has made transfer from one cadre to other for public interest and pay scales of these posts are equal the service rendered in both the cadres shall be taken into account for the scheme of Higher Grade Scale subject to the other conditions. For this purpose the office concerned shall issue the certificate to the effect that the cadre of respective employee is engaged for public interest.” 8. Considering therefore the scheme of the higher grade pay scale, what is evident is that the appellant was initially appointed as a peon in the Tribunal on 02.04.1975 and he was granted the first higher grade pay scale with effect from 01.06.1987. He was promoted thereafter as clerk-cum-typist on 11.04.1991. He continued to work on the cadre and in the pay scale of clerk-cum-typist of Rs.3050-4590/- in accordance with the spirit of the scheme for higher grade pay scale, the appellant having completed nine years of service in the cadre and pay scale of Rs.3050-4590/- therefore would be entitled the first higher grade scale of Rs.4000-6000/-. Paragraph no. 3(2) of the Government Resolution dated 16.08.1994 reads as under: “3(2) The First H.G.S. shall be granted to the employee who has completed 9 years of service in the respective cadre and pay scale provided that the said employee should not have got more than two promotions prior to this. For the purpose of granting the Higher Grade Scale 9 years service in respective pay scale means the regular service being taken into account for the purpose of seniority of employees recruited by approved method and rendered int eh one and same cadre and grade shall be taken into consideration. However, the service of isolated cadres in the other cadres without the request of employee and the earlier service of isolated cadre which may be encadred hereafter or cadres whose pay scale is equal but nomenclature is changed may be taken into consideration for sanctioning the Higher grade Scale. However, the service of isolated cadres in the other cadres without the request of employee and the earlier service of isolated cadre which may be encadred hereafter or cadres whose pay scale is equal but nomenclature is changed may be taken into consideration for sanctioning the Higher grade Scale. Similarly, in individual cases also, if the Government has made transfer from one cadre to other for public interest and pay scales of these posts are equal the service rendered in both the cadres shall be taken into account for the scheme of Higher Grade Scale subject to the other conditions. For this purpose the office concerned shall issue the certificate to the effect that the cadre of respective employee is engaged for public interest.” 9. In accordance with the aforesaid scheme therefore, the appellant is entitled to the relief prayed for in the petition which we have reproduced herein above. Since the appellant has retired on 30.06.2014 and he is held to be entitled for relief as prayed for in the petition which we have quoted herein above, the respondents are directed to revise the petitioner’s re-fixation accordingly and revise the pensionary benefits consequentially and pay arrears on the face of the revision of pay scale in terms of the prayers in the petition and pay such benefits to the appellant within a period of eight weeks from the date of receipt of copy of the order failing to pay the amount within the time limit stipulated will entail interest at the rate of 6% per annum till the actual payment is made. 10. Appeal is allowed accordingly. Direct service is permitted.