Rekha Palli JUDGMENT
Rekha Palli, J.
1. The present writ petition assails the order dated 09.09.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in TA No. 599/2009 whereby the Tribunal has dismissed the Petitioner's Transfer Application. The Petitioners had filed a writ petition before this Court seeking the benefit of the higher pay scale of the post of School Inspector (General) from 03.01.1994 to 31.12.2003. The writ petition was transferred to the Tribunal as per its jurisdiction and vide the impugned order the Petitioners' claim has been rejected by the Tribunal.
2. The facts relevant for adjudication of the present petition are that the Petitioners while working as Assistant Teachers in the Respondent-Municipal Corporation, were appointed as Area Organisers in the Education Department of the Respondent with effect from 03.01.1994 under the UNICEF Scheme 'Education for All'. The posts of Area Organisers to which the Petitioners were appointed, were amongst the 12 posts in the pay scale of Rs. 1640-2900/created specifically for the project to look after the day to day implementation of the project at various levels.
3. When the UNICEF Scheme came to an end in the year 1996, the Respondent-Corporation vide its resolution dated 15.04.1996 upgraded twelve posts of Assistant Teachers into that of Area Organisers. Resultantly, vide order dated 30.05.1996, the Petitioners were directed to continue as Area Organisers.
4. In 1999, the Petitioners while working as Area Organisers, filed a writ petition being W.P.(C) No. 6480/1999, seeking a direction to the Respondents to upgrade them from the post of Area Organizer to the post of School Inspector (General) w.e.f. 03.01.1994. While their petition seeking upgradation was still pending before this Court, the Respondent-Corporation introduced a Mid-day-Meal Scheme in the year 2003 for its primary schools and, for this purpose, decided to create 16 posts of School Inspector (Mid Day Meal) - hereinafter referred to as MDM. It was also simultaneously decided that 10 posts of Area Organisers be upgraded to the post of School Inspector (Midday Meal) in the pay scale of Rs. 6500-10500/- i.e. Rs. 2000-3500/- (Pre revised). Consequently, upon upgradation of the 10 posts, an office order dated 19.12.2003 was issued approving the appointment of ten Area Organisers including the Petitioners to the post of School Inspector (MDM) in the pay scale of Rs. 6500-10500/- on deputation basis with immediate effect.
5. Aggrieved by the fact that their upgradation to the post of School Inspector (Mid-Day Meal) had been done on deputation basis only, the Petitioners filed yet another writ petition being W.P(C) 6726-33/2005 before this Court claiming that their upgradation to the post of School Inspector (MDM) ought to be on regular basis. In this petition, the Petitioners also claimed the salary in the pay scale of Rs. 6500-10500/- from the date of their appointment as School Inspector (MDM) i.e. 19.12.2003.
6. By its order dated 06.03.2006, a learned Single Judge of this Court disposed of the petition by directing the Respondents to take appropriate steps to finalise its policies in regard to the newly created and upgraded 10 posts of School Inspector (Mid Day Meal). This Court also held that the Petitioners could not claim a mandatory order direction that they should be treated as substantive School........