Contractual employees are entitled to equal pay and allowances as their regular counterparts when performing similar duties, but without retroactive claims.

ORDER

Hon’ble Mr. Manish Garg, Member (J):

In the present Original Application filed under Section 19 of the Administrative Tribunals Act , 1985, the applicants have prayed for the following reliefs:

“a) issue an order/direction to the respondents to grant the Applicants salary in the proper pay scale such as basic pay and other allowances such as DA, TA, TA on DA, Cycle allowances, transport allowances and other allowances and grade pay and benefits such as benefits such as NPS, medical, leave benefits, LTC etc. as given to their regular part malis from the date of their appointment and arrears and other consequential benefits thereof.

b) issue direction/ order to the respondent to revise the salary of the Applicants in terms of principles settled in W.P (civil) No.3769/2013 by the Hon'ble High Court of Delhi followed by this Hon'ble Court in OA 3784/15 vide order dated 5.42017 and complied by the respondent vide office order dated 20.3.2019 and subsequent orders wherein the respondent had granted those applicants benefits of revision of salary w.e.f April 2017.

c) issue an order/direction to impose exemplary cost on the respondent.

d) and pass such other or further order(s) as may be deemed fit and proper in facts and circumstances of the present case.”

2. The brief facts of the case as narrated by learned counsel for the applicants are as under:

2.1. The applicants are working on the post of Malis on contractual basis under the respondents since 2009-2014. Though the applicants were given appointment on compassionate ground, they were kept on contractual basis and from the date of their initial appointment, the respondents kept on renewing their contractual appointment for a period of about six months keeping an artificial break of one day.

2.2. The applicants have approached this Tribunal for revision of their pay scale and grant of allowances/consequential benefits such as salary in appropriate pay scale, NPS, medical facilities, leave benefits, LTC, uniform allowances, transport allowance, HRA and DA, etc., at par with their regular counterparts (Malis) from the date of their initial engagement along with arrears and other consequential benefits thereof.

2.3. Learned counsel for the applicants submitted that the applicants are being paid salary of about Rs. 14,000/- to 16,000/- per month, whereas their regular counterparts are getting about Rs. 60,000/- per month though the nature of duties performed by both are same.

2.4. Learned counsel for the applicants highlighted the decision dated 04.07.2013 rendered by the Hon’ble High Court of Delhi in Rajesh Kumar Sharma & Ors. Vs. Govt. of NCT of Delhi & Ors. (W.P. (C) 3769/2013) and submitted that some other similarly situated contractual employees of the respondents such as Nursing and Paramedical Staff, who were continued as contractual employees and denied the benefits of regular employees, were granted the relief by the Hon’ble High Court. Placing reliance upon the said decision, learned counsel for the applicants submitted that the present applicants are also entitled for identical relief.

2.5. Further, learned counsel for the applicants also placed reliance upon the decision dated 05.04.2017 of this Tribunal in OA No. 3784/2015 , which has been affirmed by the Hon’ble High Court of Delhi in W.P. (C) No. 755/2018 vide its judgment dated 31.01.2008.

2.6. Learned counsel contended that admittedly the applicants were taken into employment on contractual basis and agreed to the terms and condition as imposed by the respondents as they belong to very poor strata of society and after the death of the only bread earner of the family, the applicants have no option, but to accept the employment as offered by the respondents. Learned counsel further added that the respondents, bein