Hemant Gupta, J. - (1.) THIS order shall dispose of the Civil Writ Petition Nos. 11836 -CAT of 2002 and 143% -CAT of 2002 as common questions of law and facts are involved in both the writ petitions. C.W.P. No. 1 1936 -CAT of 2002 arises out the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 26.2.2002, whereby an original application filed by the petitioners under Section 19 of, the Administrative Tribunals Act, 1985 (for short 'the Act') was dismissed.
(2.) THE order under challenge in C.W.P. No. 14396 -CAT of 2002 was passed by the Tribunal on 15.4.2002 relying upon the earlier order passed in the case of 'Dr. Lok Singh and Ors. v. Chandigarh Administration which is under challenge in C.W.P. No. 11836 -CAT of 2002. Chandigarh Administration published advertisement inviting applications for filling up various posts of Professors, Readers, Senior Lecturers and Lecturers in Government Medical College and Hospital, Sector 32, Chandigarh. Such posts were required to be filled up on temporary/adhoc and contract basis on consolidated salary. Such advertisement was published on 26.7.1998. The petitioners submitted their applications for appointment to the post advertised and in pursuance of the recommendations of the Selection Committee, the petitioners are appointed on contract basis on consolidated salary. It is admitted by the petitioners that except petitioner No.21, namely, Dr. Neeiam Kaistha, all the petitioners have either resigned or have been regularly appointed by the Administration. It is also the admitted stand of the parties that all the petitioners were paid the minimum of the pay scale of the post on which they were appointed on contract basis along with dearness allowance, house rent allowance etc. However, the petitioners were not granted increments as are granted to the incumbents appointed against the regular posts.
(3.) THE claim of the petitioners was that they have been appointed by complying with the procedure contemplated for making the appointments on regular basis and, therefore, the respondents are bound to pay the regular pay scale to maintain parity with the regular employees. Still further, the petitioners have a right to continue in service till regular appointments are made. As such, the respondents cannot be permitted to substitute the petitioners with another set of contractual employees.;