(1.) This Letters Patent Appeal has been filed against the oral order dated 01.04.2016 passed by the learned Single Judge. By the order under challenge, the learned Single Judge issued directions to the Nagar Prathmik Shikshan Samiti of the appellant Municipality to prepare the necessary proposal for fixation of the revised pension and forward the same to the Upleta Municipality, who in turn, shall sanction the same and see to it that the regular pension is paid to the original petitioners. Top
(2.) The respondents original petitioners had approached this Court by way of a petition stating that they have been working as Sweepers under the Education Committee of the Upleta Municipality for several years. The appointment orders have been issued in various years, namely, 23.08.1974, 10.11.1976, 07.02.1985, 25.07.1985 and 11.10.1988 respectively. The petitioners came before this Court on the ground that some of the employees of the Education Committee of the Municipality have implemented the Fifth Pay Commission whereas it was not done for the petitioners. It was in these context that the prayers as quoted by the learned Single Judge were prayed for.
(3.) Mr. Bhavesh Trivedi, learned Counsel for the Appellant would draw the attention of the Court to the appointment orders and submit that the appointments of the respondents original petitioners were temporary and therefore, no regular benefits of the Fifth Pay Commission and/or pension be paid. He would, therefore, submit that the directions of the learned Single Judge to grant the relief is misconceived.