G.S. Singhvi, J. - (1.) THESE petitions are directed against order dated 2.7.1998 passed by Chandigarh Bench of the Central Administrative Tribunal (for short, the Tribunal).
(2.) THE facts necessary for deciding the issue raised by the petitioners are that in pursuance of the advertisements issued by the Director, Technical Education, Union territory, Chandigarh in the years 1995 and 1997, the non - official respondents applied for appointment as Lecturers in Government Polytechnic and on being recommended by the duly constituted Selection Committees, they were appointed against the advertised posts in Central Polytechnic, Sector 26, Chandigarh and government Polytechnic for Women, Sector 10, Chandigarh on contract basis on fixed salary of Rs. 3500/ - per month. The tenure of their contractual engagements were extended from time to time. They made representation to the authorities of Union Territory, Chandigarh for payment of salary in the regular time scale by asserting that the nature of duties being performed by them were similar to those performed by regularly appointed persons who were being paid in the regular pay scale, but failed to evoke any response from the concerned authorities. Therefore, they file a applications under Section 19(1) of the Administrative Tribunals Act, 1985 (for short, 'the Act') for directing the non -applicants (petitioners herein) to pay them salary in the regular time scale in accordance with the doctrine of "equal pay for equal work". In the written statements filed on behalf of the petitioners, it was averred that after having joined the service as Lecturers on contract basis, the respondents are estopped from challenging the terms and conditions embodied in the letters of their appointment. They also averred that appointments on contract basis had been made keeping in view the interest of the students because the process of regular selection was likely to take time. They further averred that the duties performed by the respondents were not similar to those performed by regular Lecturers and, therefore, they are not entitled to be paid salary in the regular time scale.
(3.) IN their replications, the non -official respondents averred that the nature of duties being performed by them were quantitatively and qualitatively similar to those performed by regular appointees and, therefore, there was no justification to pay them fixed salary.;