- (1.) This order shall dispose of Civil Writ Petition Nos. 10397-CAT of 2006, 14634-CAT and 15068-CAT of 2007 as common question of law is involved in these writ petitions. The facts are being taken from Civil Writ Petition Nos. 10397-CAT of 2006.
(2.) Chandigarh Administration has challenged the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as "the Tribunal") on 28.02.2006, Annexure P-9, whereby Dearness Allowance was ordered to be paid to the contractual employees of the Chandigarh Administration.
(3.) The brief facts, out of which present writ petition arises, are that respondents No. 1 and 2 (hereinafter to be referred as "the applicants") have been engaged on contractual basis on a fixed pay of Rs. 2200/- and Rs. 2000/- respectively on 22.07.2000 on 89 days basis. They continued to work on contractual basis. In OA No. 461/CH/2001, the Tribunal passed an order on 31.05.2002 directing the petitioner Administration to consider the case of the applicants for re-adjustment against the available vacancies and for equal pay for equal work. On 02.12.2002, a direction was issued in OA No. 126/CH/2002 titled " Krishan Kumar v. Union Territory" filed by similarly situated employees that the applicants therein and all school teachers similarly placed and claiming similarly reliefs shall not be replaced or substituted by the new incumbents appointed or to be appointed on contractual basis and all the existing contract-appointees shall continue to work till they are relieved by the duly selected regular teachers appointed in accordance with the rules. It was also ordered the school teachers including the applicants shall further be entitled to minimum of the pay scale as admissible to the regular teachers and no deductions shall be made for the period of artificial breaks or vacations.;