S'iNftl P "K?"RH S'-.fr'; .i^ • ^le.iy .^- IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. (S^^o /2006 PETITIONER r \£>c€-- ??s^ ?^ ^•^;^^^-" .'^x^'"''' \ r -.****' ^^y.i.i1' e-^^^O"'' Roopchand Sahu, Son of Shri Rain Singh Sahu, Aged about 47 years, Assistant Teacher, Government ,Girls Primary School, Kera, Block Nawagarh, Distt.Janjgir-Champa (C.G.) VERSUS RESPONDENTS j0!o^ ^5:^ \^^.°"" ^" </" State of Chhattisgarh, Through the Secretary, Departnient of Education, Mantralaya, D.K.S Bhawan Raipur (C.G.). Du-ector of PubUc Instruction, Raipur (C.G.). The District Education Officer, District Janjgir-Champa (C.G.). The Block Education Officer, Block Nawagarh, District Janjgir-Champa (C.G.). WRIT PETITION_UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF MANDAMUS, CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE HItSH COURT OF WHATTLSGAKH A~T BILAS?UR Single Bench: Hon'ble Mr. Justice Satish K. Agnihotri. W. P. (Q No. 6870 of 2006 Petitioner : Roopchand Sahu Versus Respondents : State of Gihatt'is9arh &others Present: Mr. Ashwini Siukla, Advocate for the petitioner. Ms. Sunita Jain, Ponel lawyer for the respondents/State. ORDER (Passed on 12th cby of December, 2006) 1. The petitioner was appointed as Assistant Teacher, wherein, it was provided that the petitioner would be gronted pay scale of Rs. Rs. 545-10-575-15-800-20-900-25-975/-, after a period of two years. It was fur'fter provided that the petitioner would be entitled to the fixed pay of Rs. 169/- for a period of two years. 2. Similarly si+uated employees had cpproached the Madhya PradeA State Administrative Tribunal. The Tribunal passed the order on 24.8.1992 in O.A. No. 2745 of 1989 (Madhukant Yadu and 56 others Vs. State of M.P. <& others.) 3. It was further held that the said benefit would be given to all teachers and they shoutd not be compelted to approadi the Tribunal for simiSar benefit individuatty or cotlectively. •^. rr' 4. Being aggrieved, the then State of Madhya Pradesh had filed the Speciat Leave Petition (Civil) No. 6892/93 impugning the order dated 24.8.1992 passed by the Madhya Prodesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89. The Hon'ble Supreme Court- after hearing leamed counsel for the part-ies, dismissed the Special Leave Petition and having regard to the kirge financial implications, granted one year's time to setl-le the claim for the arrears without interest vide order dated 3.1.1994. It was further observed -that the intervention would work out their rights in accordance with law. This order dated 24.8.1992 pcxssed by the Tribunal in O.A. No. 2745/1989 is applicable to the petitioners being similarly situcxted and they are accordingly entitled to the same benefit. 5. For the above stated reasons, the petitioner is grnnted liberty to make a representation to consider the case of the petitioner if it stands on the same footings as per order dated 24.8.1992 by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yoidu and 56 others Vs. Sta-te of M.P. & pthers.) and subsequently confinned by order dated 3.1.1994 passed by the Hon'bie Supreme Court in Special Lewe Petition (Civil) No. 6892/93 and grant relief accordingly. 6. The writ petition is accordingty disposed of. No order as to costs. Sd/- Satish KAgnihotri Judge ^^I s^SS, • • • • ssM B B B Nw' MB• il^ B ^ssssss^^ss^^^^^^^s^^s^^^^^^^^^