Anil Kumar, J.

1. The petitioner, Municipal Corporation of Delhi has challenged the order dated 29th January, 2010 passed by Central Administrative Tribunal, Principal Bench, New Delhi in T.A No. 1317/2009 titled "Sh. Sultan Singh & Ors. v. Municipal Corporation of Delhi" directing the petitioner to examine the claim of the respondents on the basis of the evidence produced before the Tribunal and thereafter process the payment of difference of pay of the post held and duties discharged by the respondents on the higher post of Garden Chaudhary if the claim of the respondents is found to be genuine and order dated 7th October, 2010 in review application No. 270/2010 dismissing the review application.

2. Brief facts to comprehend the disputes are that the respondents filed a writ petition being W.P(C) No. 10158-86/2005 praying for a direction to pay difference of wages of Malies/Chowkidars and that of Garden Chaudhary from the date the respondents have been performing the duties and responsibilities of Garden Chaudhary.

3. The respondents had contended that they had joined as Malies/Chowkidars and were regularized with effect from different dates which were detailed by the respondents in their petition. The respondents also disclosed the dates and particulars since when they had been performing the duties and responsibilities of Garden Chaudhary pursuant to directions by their superior officers. The respondents contended that the petitioners admitted that the respondents were performing the duties and responsibilities of Garden Chaudhary in the lists sent by the petitioner to its horticulture department dated 23rd January, 2003 by the central zone. The respondents also relied on a list dated 10th August, 2004 disclosing the particulars of the Malies/Chowkidars who had been working as Garden Chaudhary in south zone and another list dated 6th January, 2004 of west zone.

4. The respondents categorically asserted that the petitioner is taking the work of Garden Chaudhary from them but paying the salary of Mali/Chowkidar. According to the respondents the pay scale of Mali is Rs. 2550-3200/- and that of Garden Chaudhary is Rs. 3050-4590/-.

5. The respondents also relied on an award given by an Industrial Tribunal in I.D No. 122/1995 in case of Sh.Jai Chand, Mali in which the petitioner was directed to pay the difference of emoluments to said Sh.Jai Chand from the date he had been performing the duties of Garden Chaudhary. The writ petition being W.P(C) No. 4799/2000 filed against the award in favour of Sh.Jai Chand, Mali was dismissed on 24th September, 2004 and the award was upheld.

6. The respondents contended that they had sent a legal notice dated 22nd February, 2005 to the petitioner Corporation seeking difference in wages of Malies/Chowkidars and that of Garden Chaudharies and on failure of petitioner to pay the difference filed the writ petition contending inter alia that since the respondents had been performing the duties and responsibilities of Garden Chaudhary at the instance of the petitioner with effect from various dates disclosed in the writ petition, they are entitled for the difference in salaries between Malies/Chowkidars and Garden Chaudharies. According to them they were asked to do the work of Garden Chaudharies by the concerned persons of the department of horticulture and various lists duly prepared and signed by different officials of MCD indicating the dates since when they are working as Garden Chaudhary were sent to the Municipal Corporation of Delhi/petitioner.

7. In the circumstances the respondents sought that a writ of mandamus or any other writ or order be issued directing the petitioner to pay the difference of wages of Malies/Chowkidars and that of Garden Chaudhary from the date the respondents had been performing the duties and responsibilities of Garden Chaudharies. The writ petition filed by the respondents was contested by the petitioner and a counter affidavit dated 13th August, 2008 and a supplementary