- (1.) THIS order shall dispose of six cases i.e. CWP No. 11546, 18581 -CAT , 19809 -CAT of 2008 & 19841 -CAT of 2008, 18152 -CAT of 2002 and 1374 -CAT of 2009 as the matter in issue in all the above mentioned writ petitions is substantially the same.
(2.) FOR brevity facts are being taken from CWP No. 11546 of 2008.
(3.) THIS writ petition has been preferred by the Chandigarh Administration against the order dated 07.12.2007 (Annexure P -20) passed by the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as 'the CAT'), whereby Original Applications filed by the respondents were allowed in the following terms: - "25. In view of the above discussion, it is held that the category of the applicants is entitled to the pay scale of Rs 1400 -2600 as entry scale, Rs. 1640 -2900 as Senior Scale on completion of 12 years of service and scale of Rs. 2000 - 3500 after 24 years of service, in terms of the decision dated 8.2.1989, or other scales on Central pattern as claimed in these O.As, on the basis of which earlier decision was rendered by this Tribunal and was upheld even by the Hon'ble Supreme Court of India. There is no relevancy of qualification for being entitled to such scales, as such exemption is available to the category of the applicants in terms of conscious decision in para 2 of letter dated 8.2.1989 that higher qualifications are to be applied to fresh incumbents only, if any recovery has been made from any of the applicants, the same shall be refunded to them. Necessary orders be passed within a period of three months from the date of receipt of copy of this order." In a bunch of Original Applications filed by the respondents, who are posted as Teachers in various schools of Chandigarh Administration, the following points arose for determination : - (i) Whether the respondents could be converted from Central Pay Scale to Punjab Pay Scale without their consent? (ii) Whether three scales allowed to TGTs i.e. 1400 -2600, 1640 - 2900 (Sr. Scale) and 2000 -3500 (Selection Grade) could be clubbed into one scale of 5000 -8000 as ordered vide circular dated 28.02.2002 (Annexure P -8)? (iii) Whether the letter dated 08.02.1989 regarding revised pay scales of School Teachers thereby re -designating them as TGTs/Vice Principal/Principal has been rightly withdrawn from the date of its issue by the Chandigarh Administration vide letter dated 8.5.2006 (Annexure P -17)?;