Tribunals and CommissionsSingle Bench(2022) 05 CAT CK 0804

Nisar Ahmad Mir & Ors. vs UT Of J&K & Ors.

Central Administrative Tribunal · Decided on 26 May 2022

HON’BLE JUDGES
Anand Mathur, Member (A)
CASE NUMBER
Original Application No.449 of 2022

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Judgment

10 paragraphs · 302 words

ORDER

By Hon’ble Mr. Anand Mathur, Member (A)

Mr. S.M. Saleem, learned counsel for the applicants, and Mr. Bikram Deep Singh, learned counsel for the respondents are present.

2.

Learned counsel for the applicants states that the applicants are working as contractual Pharmacists from the year 2005 onwards and are not being paid the same emoluments as are being paid to the regular Pharmacists working in the respondents’ department. He quotes the judgment of Hon’ble Supreme Court in the case titled State of Punjab vs. Jagjit Singh AIR 2016 SC 5176 wherein the Hon’ble Supreme Court has held that the contractual workers, if they are performing the same duties as regular workers, should also be paid equally.

3.

Learned counsel for the respondents on the other hand states that the applicants had been appointed and have been continuing only on contractual basis and are being paid as per terms of conditions of the contract. Hence, they have no claim for getting a regular scale of pay.

4.

Learned counsel for the applicants further pleads that he would be satisfied if a direction is given to the respondents to pass a speaking order treating the contents of the present O.A. as their representation keeping in view the judgment of the Hon’ble Apex court.

5.

In view of the limited prayer made by the learned counsel for the applicants, the respondents are hereby directed to consider the contents of this O.A. as representation of the applicants and dispose of the same by passing a Reasoned and Speaking order within six weeks from today. A copy of the speaking order so passed be provided to the applicants.

6.

O.A.449/2022 is disposed of accordingly.

7.

It is made clear that I have not entered into the merits of this case.

8.

No order as to costs.