(1.) Shri Sanjay Lal, learned Counsel for the petitioner.
(2.) The Tribunal while condoning the delay in challenge to the action of department rejecting the claim of the respondent and taking into consideration the inconsistent stand of the department in respect of grant of pay scale of Rs. 1350-2200 and the decision taken by various Tribunals and the High Court of Madhya Pradesh in W.P. No. 3161/2008 (S) and that of High Court of Bombay in W.P. No. 4441/2003 decided on 27.2.2008 directed for grant of pay scale of 1350-2200 from the date when the respondent acquired a graduation, i.e., September 1996, while rejecting his claim for grant of said pay scale with effect from initial date of appointment.
(3.) We are not apprised that orders passed in W.P. No. 4441/2003 has been varied in a higher forum. In W.P. No. 4441/2003 it has been held:--