[Per : Hon’ble J.S. Khehar, C.J., (Oral)]

1. The respondent remained employed as a Driver in the Army Service Corps (Military Transport) from 7.11.1962 to 20.4.1969.

2. After his discharge from Army service, according to the learned counsel for the appellants, the respondent was inducted as a Driver in the Department of Irrigation on work charge basis with effect from 4.10.1977. He continued to render service as such till 27.5.1995. According to the learned counsel for the appellants, on 27.5.1995 the respondent was brought on the regular establishment. While on the regular establishment, the respondent retired on attaining the age of superannuation on 31.5.2000.

3. Based on the facts depicted in the foregoing paragraph, the respondent approached this Court by filing Writ Petition (S/S) No. 843 of 2003 seeking retrial benefits. A learned Single Judge of this Court allowed the aforesaid Writ Petition on 24.7.2008.

4. Through the instant special appeal, the appellants have assailed the order passed by the learned Single Judge on 24.7.2008 disposing of Writ Petition (S/S) No. 843 of 2003.

5. The solitary contention advanced by the learned counsel for the appellants is based o