RAJKOT MUNICIPAL CORPORATION Vs. VB RAYJADA

JUDGEMENT

(1.) The appellant-Rajkot Municipal Corporation, by this Letters Patent Appeal, has challenged the order dated 4th February, 1999, passed by the learned Single Judge of this Court (Coram: K.R. Vyas, J.) in Misc. Civil Application No.2719 of 1998, filed in Special Civil Application No.5892 of 1997, whereby the learned Judge allowed the review application filed by the respondents and recalled his earlier order dated 3.3.1998, dismissing the writ petition, i.e. Special Civil Application No.5892 of 1997, filed by the respondents-original petitioners.

(2.) The respondents-petitioners had filed Special Civil Application No.5892 of 1997 against their apprehended termination. The said writ petition was admitted and interim relief was granted by the learned Single Judge of this Court against the apprehended termination of the petitioners by order datded 8.8.1997 and the said writ petition was ordered to be heard with Special Civil Application No.1499 of 1987 and other allied matters.

(3.) On 12.1.1998, a Division Bench of this Court (Coram: C.K. Thakkar and R.P. Dholakia, JJ.) dismissed those writ petitions, i.e. Special Civil Application No.1499 of 1987 and other allied petitions, holding that the petitioners were not entitled to equal pay for equal work as their employment was not full-time. However, Their Lordships made it clear that the payment made to them till the date of passing of the order shall not be recovered from them and the petitioners were given liberty to make representation to the appropriate authority, which may be decided by the authority in its proper perspective and the authority was ordered to pass appropriate orders on it.