Employment on a contractual basis does not confer a legal right to regularization; however, employees performing the same duties as permanent staff are entitled to equal pay.

ORDER

Per:Justice M.G. SEWLIKAR, MEMBER (J)

The applicants have filed this application under Section 19 of the Administrative Tribunals Act seeking following reliefs:-

“ 8. a) This Hon'ble Court be pleased to allow this applica-tion.

b) To direct the respondent to regularize the service of the petitioners as Assistant Professors in the College of Military Engineering Pune by giving the effect of perma-nency in service since first appointment.

c) To direct the respondents herein to grant the benefits of seniority, age relaxation and other consequential benefits including the benefits of pay-fixation and other benefits for purposes of fixation of pension to the applicants from the date of initial appointment of applicants as Assistant Pro- fessors as is granted to similarly situated permanent em-ployees.

d) Respondent be directed to release the arrears of pay and all service benefits as per AICTE regulation 2019/UGC Acts Regulation 2018 from the date of initial appointment.

e) To direct the respondents herein to consider the full time experience of other Private Engineering Institutes for CAS benefits.

f) Respondent be directed to pay the remuneration of extra work and costs of this original application.

g) To direct the respondents be directed to release and pay all terminal benefits to the applicant including gratuity, medical aid, Employees Provident Fund (PF) etc. h) The respondent may be ordered to pay the interest @ 18% per annum on the amount of arrears of pay and re- muneration of extra work from the date of filing the appli- cation till the date of realization of the full and final amount.”

2. Facts leading to this application are that applicant no. 1 is a Doctor in Organic Chemistry. He has cleared National Eligibility Test for Lecturers and Assistant Professors. His Qual- ification is BE Mtech. In the year 2017, applicant no. 1 joined respondents' college on hourly basis. In second week of Febru- ary, 2018, advertisement was issued for the post of Civilian Ac- ademic Officers against existing vacant post. Applicant no. 1 ap- plied for the said post. This post was on contract basis for a pe- riod of one year or upto 31^st March, 2012 or till regular incum- bents become available whichever is earlier. A Committee was constituted for the purpose of conducting the examinations. Ap- plicant no. 1 appeared for the examination. He cleared the inter- view and accordingly, was appointed as Assistant Professor. Salary for the post of Assistant Professor was Rs. 31,500/-. In the year 2018, again advertisement was published for the post of Civilian Academic Officers. In the year 2019, 2020, 2021, 2022, advertisements were published. Applicant no. 1 made ap- plications and he was selected. Applicant no. 2 also cleared the examination, appeared for the interview and she was also ap-pointed as Civilian Academic Officer (CAO).

2.1 It is the case of the applicants that government passed a resolution dated 21^st March, 2011 for appointment of CAOs as Assistant Professors / Associate Professors and Pro- fessors for period of one year or upto 31^st March, 2012 or till regular incumbents become available, whichever is earlier against the sanctioned vacant posts/ regular posts in College of Military Engineering, Pune, Indian Military Academy Dehradun, Military College of Telecommunication Engineering Mhow, Mili- tary College of Electrical and Mechanical Engineering Secun- derabad, Electrical and Mechanical Engineering School Va- dodra and Rashtriya Military School, Ajmer, Bangalore, Chail and Dholpur. CAOs were app