ORDER :

R.M.CHHAYA, J.

1. Heard Mr. Kamal B. Trivedi, learned Advocate General with Mr. Dhawan Jayswal, learned AGP for the appellants in both the appeals and Mr. Gautam Joshi, learned Senior Advocate assisted by Mr. Vyom Shah, learned advocate for the respondents in both the appeals.

2. LPA No. 984/20 arises out of order dated 08.10.2020 passed in Civil Application No. 1/20 passed in SCA No. 23158/19 and LPA No. 986/20 arises out of order dated 22.12.2020 passed in Civil Application (for breach of order) No. 2/20 . As both the appeals are interconnected and arises out of the same writ petitions in form of two intra-court appeals under clause 15 of the Letter Patent, bot the appeals are heard together and are disposed of by this common order.

3. At the outset, it may be stated that the main writ petition is pending for its further hearing before the learned Single Judge and both these appeals arise out of the directions issued by the learned Single Judge in form of interim orders.

3. Suffice it to say that the respondents-writ petitioners have filed writ petitions for appropriate writ of mandamus or any other appropriate writ, order or direction directing the respondents i.e., the appellants herein, to regularise the services of the original petitioners to the post of teachers in the Secondary/Higher Secondary Schools where they are engaged as itinerant teachers and for further direction to pay them regular salary and allowances as available to the regular teachers and continue to pay them such salary and allowances with all other benefits.

4. The respondents herein-original petitioners preferred Civil Applications and inter alia prayed for a direction directing the original respondents-State Authorities to pay to the original petitioners honorarium per class on pro-rata basis from March 2020 till the time classes are assigned to the applicants. The learned Single Judge after hearing the parties, allowed the application by directing the appellants-original petitioners, i.e., the State Authorities to pay maximum monthly honorarium as per the G.R. dated 21.12.2015 to the original petitioners regularly on or before 7th of each month till the regular education classes are started in the schools. The learned Single Judge was further pleased to direct the original respondents-State Authorities to pay arrears from February, 2020 till September, 2020 within a period of 4 weeks from the date of the order, i.e., 08.10.2020.

5. The record indicates that as the said order was not complied with, the respondents herein-original petitioners preferred Civil Application under Order 39 Rule 2A of the CPC for breach of the order and prayed for passing order for deliberate non-compliance of the orders and directions of the order passed by this Court in CA No. 1 of 2020. The said Civil Application was allowed, whereby the appellants-original respondents, i.e., State Authorities were directed to pay maximum monthly honorarium as per the Government Resolution and observed thus in paras 6, 7 and 8 vide order dated 22.12.2020 -

“6. Today, when the matter was takenup for hearing learned Government Pleader submitted that the order dated 8th October, 2020 was received by the respondents on 10th November, 2020 and on 11th November, 2020, the learned Assistant Government Pleader has given an opinion to challenge the order by way of an appeal and thereafter, there were Diwali holidays, and the matter was further proceeded and the legal department granted sanction on 17th December, 2020 to file an appeal. Learned Government Pleader submitted that the appeal shall be filed today challenging the said order by way of an intracourt appeal before the Division Bench and requested that no order be passed in this Civil Application for taking necessary action for non-compliance of the order.

7. Having considered the submissions made by both the sides, it is pertinent to note that this Court passed an order on 8th October, 2020, certified copy of which was received by the resp