S. RAVINDRA BHAT, J.

Facts

1. “Homeland is something one becomes aware of only through its loss” said Gunther Grass. It is the loss of homeland of the writ petitioners, a batch of whom are in appeal, which led them to Delhi, during 1990-93 and their consequent employment as teachers by the Govt. of NCT for over two decades on contractual basis, without prescribed salaries or any terminal benefits, that constrained them to approach this court. The appellants (hereafter called “the appellant-teachers” or “teachers” variously), in one appeal (LPA No. 286/2015) and Government of NCT of Delhi (hereafter “NCT” appellant in LPA No. 620/2015) have preferred these appeals. The NCT’s appeal questions the decision of a learned single judge allowing W.P. (C) No. 3989/2010 and directing it to give the benefits and extend terms and conditions given to regular teachers, falling in the same category to the writ petitioner/respondents, as also to create the necessary posts and regularize them. The first respondent in that appeal, is a society registered under the Societies Registration Act formed for the welfare of the migrant teachers from Kashmir and who are working in different parts of Delhi and surrounding areas; the other respondents (198) are the internally displaced persons from the valley of Kashmir and had sought refuge in the NCT of Delhi, who were contractually employed as teachers by NCT. The second appeal is by similarly situated teachers, who were denied that relief in the judgment of another decision, of another learned single judge (in W.P. (C) No. 2574/2010). The facts are common; however all the relevant documents, government orders, circulars etc are found in the NCT’s appeal and are adverted to for same of convenience, since at the time of hearing, parties had addressed their contentions based on those documents and pleadings.

Necessary facts

2. The facts are that in and around the year 1986, the law and order situation in the Kashmir Valley had significantly deteriorated and large-scale communal violence was prevalent. Fearing risk to their lives, there was a mass exodus of many Kashmiris, who migrated to Jammu, Delhi and other places nearby. These people who had left their homes, jobs and properties had to be settled in camps by the Delhi Government. Those who were educated among these migrants, looked to be gainfully employed in order to be able to restart their lives and earn their livelihood.

3. In order to provide employment to the educated amongst the migrants, NCT at a Cabinet meeting dated 02.04.1994 after noticing that some of the migrants were trained teachers and that their services could be utilized in that capacity, resolved that one educated member from each such migrant family could be appointed as teacher depending on her or his suitability for the different categories of jobs. It was also noted that since the number of such trained Kashmiri migrant teachers was comparatively small, there would be no difficulty in offering them employment on year to year contractual basis. The decision in relevant part is extracted below:

"Employment of Kashmir Migrants in the Education Department.

It was pointed out that some of the migrants were trained teachers and their services should be utilised on contractual basis. It was further mentioned that the number of such trained teachers among the Kashmir Migrants was comparatively small and there should be no difficulty in offering them employment on contract on a year to year basis. It was decided after brief discussion that one member from each migrant family may be appointed as teacher depending upon his/her suitability for different categories of jobs. Such persons may be employed in the schools run by the Directorate of Education, MCD and NDMC. This benefit will be available only to the migrants presently living in camps run by the Government."

4. As a conseq