The submissions made by learned Additional Advocate General regarding the judgment in the case of Chandra Shekhar (supra) being not applicable and the issue having not been raised therein needs a detailed scrutiny. The issue was raised by Chandra Shekhar & Ors. by filing Appeal No.351/1999 before the RCSAT. The appeal was filed against the order dated 07.06.1999, whereby the selection grade in the pay-scale of Rs.1640-2900 granted to them was amended and the appellants were granted pay-scale of Rs.1200-2050. The RCSAT noticed two issues for determination, (i) the pay-scale, to which, the appellants were entitled and, (ii) date, from which, they were entitled for such payscale. The RCSAT based on its earlier order in the case of Durga Prasad Saini v. Director, Medical & Health Department & Ors., decided on 16.10.2001, came to the conclusion that the appellants would be entitled to pay-scale of Rs.1640-2900 from the date of initial appointment and allowed the appeal vide its order dated 25.02.2002. Aggrieved against 7 the order dated 25.02.2002, the State filed S.B. Civil Writ Petition No. 4627/2005, which was decided on 21.09.2005. The writ petition was dismissed holding that the judgment was based on sound appreciation of existing legal position and the judgment did not require any interference. Whereafter, the State preferred Special Appeal and in the Special Appeal decided on 11.10.2011 (supra) held as under:-
