- (1.) Leave granted.
(2.) Appellants are school teachers. They were appointed by the Education Department of Chandigarh Administration on contract basis. Their services are governed by Chandigarh Education Service (School Cadre) (Group C ) Recruitment Rules, 1991 (for short, "Recruitment Rules, 1991"). We may notice one of the offers of appointment made to one of the appellants herein, relevant clauses whereof reads as under: 2. That the person be appointed through Regional Employment Exchange after sending the requisition. 3. That the contract should be for six months which can be extended further on the basis of performance report for further six months with suitable break. 7. That they will have no claim for ad hoc/regular appointment available in the institute. 9. The contractual appointment will only be made against the sanctioned posts. 10. The contractual appointment will only be made when the incumbent has proceeded on leave or is not available for teaching beyond 45 days within 45 days no substitute can be provided as per rules. 11. The persons put on contracts will only be for a specified period which should not exceed more than six months or till the regular incumbent of the post is absent for not exceeding one year.
(3.) Indisputably, appellants fulfilled the requisite educational qualification. They have been drawing salary on a scale of pay. Indisputably again they had been continuing in the said posts for a long time. Appellants, contending that they were entitled to be absorbed in the services of the Education Department, filed applications for their regularization before the Central Administrative Tribunal (for short, "the Tribunal") on the premise that the respondent - Administration could not have issued fresh advertisement for appointment of teachers . The said applications, however, were allowed only to the extent that they may not be replaced or substituted by another set of teachers appointed on contract basis.;