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2022 Supreme(Guj) 65

R.M.CHHAYA, HEMANT M.PRACHCHHAK
Upleta Municipality – Appellant
Versus
Vasantiben Laljibhai Pitroda – Respondent


Advocate Appeared:
For the Appellant :Bhavesh P. Trivedi and R.R. Trivedi, Advocates
For the Respondent:A.J. Yagnik and U.T. Mishra, Advocates

JUDGMENT :

R.M. CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and order dated 29.11.2019 passed by the learned Single Judge in Special Civil Application No. 5915 of 2000, the local authority, i.e., Upleta Nagarpalika has filed this appeal under Claus 15 of the Letters Patent.

2. The following facts emerge from the record of the appeal-

2.1 The original petitioners were appointed on temporary basis since the year 1974. The record indicates that as the benefit of regular pay-scale for 4th Pay Commission and 5th Pay Commissioner as well as regularisation was not adhered to by the appellant, the respondents-original petitioners preferred this writ petition and inter alia prayed as under-

    "(A) This Hon'ble Court may kindly be pleased to quash and set aside the inaction on the part of the respondents in not making the monthly salaries which due and payable from time to time they may be directed to immediately make the payment of salaries since September, 1999 with 17% interest and continue to pay the salary regularly.

(B) This Hon'ble Court may be pleased to direct....to absorb the petitioners in the regular set up as and as they are working for more the and than 25 years t

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