6.1 It appears from the record and specific assertion which remains undisputed even from the stand of Corporation that petitioners are working since number of years in the Kankariya Zoo of Ahmedabad Municipal Corporation as part-time Sweepers and by virtue of list – A, which is attached, petitioners worked almost right from 1986-87 onwards and it is reiterated that very petitioners were continued in service. It is reflecting that the fact showing their stand as part-time Sweepers since long is also not in dispute and the number of days for which they have worked is also not in controversy. The only stand which has been taken by the corporation is that Apex Court has just observed that this issue of regularisation shall not be treated as a precedent but the fact that policy is in existence and applicable to the petitioners is not in dispute by the corporation as can be seen from the affidavit which has been filed. The brief affidavit only refers to this aspect which can be seen from page:26-27, the relevant observations contained in para:5, 6 and 7 only and, therefore, what has been emerging from the record is that so far as applicability of policy for regularisation, there is no contest and so far working of number of days, which are reflecting, is also not in dispute and, therefore, in considered opinion of this Court when these facts are not in dispute, just because while dealing with a different group of employees, if one line is added that ‘this shall not be treated as precedent ’, the statutory authority i.e. Corporation cannot take advantage of such to deny the benefit to the petitioner especially when the applicability of policy is never being questioned. Yet another circumstance, which is appealing from yet another Division
