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Judgment
L. Narasimha Reddy, J
The applicants were engaged as Faculty-cum-System Administrator (FCSA) in Navodaya Vidayalaya Samiti, the 3rd respondent herein. Their grievance is that despite their being in service for quite a long time on contractual basis with renewal for every ten months, their services are not being regularized. Their second grievance is that the respondents are not paying the minimum pay scale for the post, as recommended by the 7th Central Pay Commission.
The applicants contend that the practice adopted by the respondents for appointment on contractual basis and renewal after every ten months is contrary to the law laid down by the Courts and that they are entitled to be extended the benefit of regularization. It is also stated that the salary at the minimum of pay scale is required to be paid to them.
The respondents filed a detailed counter affidavit opposing the OA. It is stated that the very arrangement of FCSA is temporary in nature and obviously for that reason, the appointment are made once in every ten months.
Heard Mr. D K Sharma, learned counsel for applicants and Mr. Satish Kumar, learned counsel for respondents, through video conferencing.
The necessity for us to deal with the matter in detail is obviated on account of the fact that the applicants are not in service from April, 2020 onwards. We do not intend to go into the reasons. Recently, in the month of September, 2020, an Advertisement was issued to engage the FCSA. As of now, the only relief, that can be granted to the applicants, is that the respondents can be required to consider the cases of the applicants on priority basis, duly taking into account, their past experience, in case they apply in response to the Advertisement.
We, therefore, dispose of the O.A., leaving it open to the applicants to submit applications in response to the Advertisement. In such an event, the respondents shall consider the cases of the applicants, duly taking into account, the past service rendered by them in the organization.
All pending M.As. shall stand disposed of.
There shall be no order as to costs.