1. ' SAIDUZZAMAN SIDDIQUI, J.---This order will govern disposal of abovementioned three petitions in which identical question of law and facts are involved.
2. ' The petitioners in the abovementioned petitions were appointed as S.E.T. (Science) in B.P.S. 15 on fixed pay on different dates in the year 1987. The petitioners thereafter improved their educational qualification and also earned experience of teaching for more than five years as S.E.T. (Science).
3. Subsequently the post of S.E.T. (Science) was upgraded to B.P.S. 16 in 1991 and pay scales of petitioners were also revised. The petitioners submitted departmental appeal praying for grant of graded pay from the dates they acquired requisite qualification as well as for regularization of their appointments as S.E.T. (Science). After waiting for a period of 90 days the petitioners filed appeals before the Service Tribunal in which they made the following prayer:-- "It is, therefore, most humbly prayed that appointment of petitioners be regularized and may also be awarded graded/running pay from the date of appointment with other benefits."
4. ' The learned Tribunal, by the impugned judgment, allowed the appeals partly and directed the department to award graded pay from the dates the petitioners acquired requisite qualification, i.e, B.Ed. For the post of S.E.T. With arrears if any from that date. However, the learned Tribunal neither adverted to nor decided the other prayer in the appeals with regard to regularization of the appointments of the petitioners as S.E.T. (Science).
5. ' In seeking leave to appeal, the learned counsel for the petitioners contended that the failure of the learned Tribunal to decide the above prayer amounted to refusal to exercise jurisdiction vested in the Tribunal, as the petitioners have no other remedy available to them under the law against the action of departmental authority. The learned counsel for the petitioners contended that in view 'of the provisions of section 3 of Act I of 1988 petitioners were entitled to be regularized in their posts.
6. The contention raised by the learned counsel for the petitioners requires examination and we, accordingly. Grant leave to appeal to consider the same.