LAWS(CA)-2003-7-3

BADRI Vs. UNION TERRITORY

Decided On July 28, 2003

JUDGEMENT

(1.) THIS batch of the applications arises out of a common cause of action and all the applicants are similarly placed. Therefore, all the fifteen O.As. are being decided by a common order.

(2.) Short of certain superfluities and variations in facts as well as form of the reliefs claimed, the basic question involved in all the fifteen O.As. is the same; whether the regularisation of the services of the above named applicants can be deferred till the availability of a post/vacancy or a direction is to be issued to the respondents to regularise the services of the applicants by creating equal number of corresponding posts. This controversy has cropped up in the backdrop of the following facts:-

(3.) AT this stage, it would be quite appropriate and pertinent to point out that the respondent-department had issued orders for the grant of wages or salary to the applicants and other similarly circumstanced employees at the minimum of the pay scale as is admissible to their counter-parts appointed on regular basis, besides payment of 60% of the Dearness Allowance in terms of the order of the Apex Court as well as this Tribunal. Therefore, the relief claimed by the applicants, in so far as it relates to the payment of salary and D.A., stands satisfied. The prayer in the present O.As. is, therefore, confined only to the relief of regularisation of the services of the applicants by creating requisite number of new posts.