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 they should be regularised in the set up for the purpose of grant in as the authorities have already addressed a letter to the concerned authorities.

(C) This Hon'ble Court may be pleased to direct the respondents that the petitioners are entitled to the benefit of revision of pay scales as they have been rightly given since last three years and which cannot be withdrawn by authorities

Pending admission hearing and final disposal of this petition, the respondents may be directed to release the outstanding salaries from the month of September, 1999 till this date by way of an interim direction on the respondents to continue to make the payment of salaries under the revision of pay rules which they were drawing since last three years"

2.2 As the record indicates, the said writ petition was allowed vide judgment and order dated 06.04.2016. The said order was challenged before the Division Bench by filing Letters Patent Appeal No. 1121 of 2016 and the Hon'ble Division Bench of this Court was pleased to quash the order dated 06.04.2016 and remand back the proceedings. It was the case of the respondents-original petitioners that they are entitled to be regularised in service since they have completed 25 years of service and they have retired from service without getting any benefit of regular pay. It was the case of the respondents-original petitioners that they were appointed on temporary basis in the year 1974 in the school run by the appellant municipality initially in the pay-scale of 260-350/-. It is further the case of the respondents-original petitioners that thereafter, as per the directions of the State Government contained in communication dated 12.03.1998, the respondents-original petitioners were conferred the regular pay-scale of Rs. 5000-5600/- vide order passed by the School Board of the Municipality dated 23.03.1998. However, the said benefit was cancelled vide communication dated 11.04.2000.

2.3 Relying upon the judgment of the Apex Court in the case of State of Punjab and Ors. v. Jagjit Singh & Ors. reported in (2017) 1 SCC 148, it was contended by the respondents-original petitioners that at least, minimum pay-scale equivalent to the regularly appointed teachers should be given to them. The respondents-original petitioners also relied upon the judgment dated 04.07.2017 passed in Special Civil Application No. 12799 of 2004. The learned Single Judge by the impugned judgment and order, was pleased to allow the petition and direct the appellant to pay benefits of minimum of the pay-scale at lowest grade in the regular pay-scale in regular pay-scale to the respondents-original petitioners, which was granted to the regular employees holding the same post. It was also further directed to fix their pension and retiral benefits as per the directions