<?^'fcro ^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P. (Sl No. S/r& /2006 PETITIONER \<)'° .••^ry' ...-•* ^e^.^ ^•^"/••"" ^K'^--''' ...•-•^^••"" ^l^-y-'" • -sy -?1.''' • p,v" .•i&' VERSUS Om Prakash Navik S/o. Shri - Kuber Prasad Navik aged about- 45 years, Assistant Teacher Government Middle School, Basti, Baikunthpur, Distt.- Korea, (C.G.) RESPONDENTS 1^c^^0^co^ ,<• £%'% c^-R\T^ / State of Chhattisgarh Through :- The Secretary Education Department, D.K.S. Bhawan, Raipur (C.G.) Commissioner, Tribal Welfare Department Raipur Chhattisgarh . Assistant Commissioner Tribal Welfare Department Head Office- Baikunfhpur District Korea, (C.G.) District Coordinator , Tribal Welfare Department, Head .t-0ffice- Baikunthpur, District- ^ ' • ' I" Korea, (C.G.) •"^. WRIT PETITION UNDER ARTICLE 226/227_OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT. WRITS. DIREGTION ETC.TO DO JUSTICE KB VS& ^^• n m^ K f"^'^^^ ^^'^s-^.'^.^^^^^g^^^^^^^^^^^^^^^^^^^^ '•-^£:ss."^®'^;^S®^SK :is^®?^®%^^^^i^^S'^^^A^ HI6H COURT OF CHHATTIS6ARH AT BILASPUR W.P.fS) No. 5150 of Z006 Petitioner : Om Prakash Navik Versus Respondents ; State of Chhattisgarh &others SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Shri Anil Singh Rajput, counsel for the petitioner. Shri Sumesh Bajaj, ©overnment Adyocate for the State/respondents. OR&ER (21st September. 2006) The foliowing order of the Court is passed by Satish K. Agnihotri. J. 1. By this petition under Article 226/227 of the Constitution of India, the petitioner- seeks a direction to -t+ie respondents to poy the increments and seniorit/ on the basis of the dcte of his initial cppointments in the light of the decjsion rendered by the learned State Administrative Tribunal, Jabalpur in O.A. No. 1452/98 (Harish Chand Singh <& otiiers Vs. State of M.P. <& o1+iers) dated 31.1.2000, O.A.No. 802/98 (Akhiiesh Mishra & others Vs. State of Madhya Pradesh & others) and O.A.No. 991/98 (Ramaycn Prasad Dwivedi <& others Vs. State of M.P. & others). 2. Leamed counsel oppearing for the petitioner placed on record a copy of the order dated 23.3.2006 passsd by this Court in Writ Petition No. 2577/2003 (NemSingh Thakur ond others Vs. State of Chhattisgarh & others) and submits that the petitioner is simiiarly situated. therefore the similar order may be passed. • ^l': 3. The case of the petitioner is that he was oppointed cis Upper Division Teachers in the School Education Department on probation for a period of two years with the fixed satary. However, later on after completion of two years probation, the petitioner was regularized but he was not given 1+ie regutar pay scale. Other similarly si-hiated teachers moved the State Administrative Tribunal, Jabaipur for regular pay scale, wherein learned Tribunot vide order dated 31.1.2000 aliowed the same. The petitioner made severat representations to accord the same treatment as he is a!so simihr'ly situated Upper Division Teachers, but the respondents have not paid any heed. Thus, this petition. 4. Learned counssl for the petitioner submits that the petitioner may be allowed to make a representation to the Respondent No. 1 to give similar treatment to 1he petitioner ond •Ae same pay scaie which hwe been sonctioned to other similarly situcrted teachers on account of •the order of •rtie State Administrative Tribunal dated 31.1.2000, to which learned State counsel has no objection. 5. Having heard learned counsel for the parties and hoving re9ard to the facts ond circumstances of the cdse, in the opinion of this Court the limited prayer made by teamed counse! for the petitioner appears to be reasonable. Therefore, the petitioner is allowed to make a representation within a period of two weeks from today to the respondent No. 1, raising atl his grievances ond in turn the Respondent No.l shall decide the said representation in an objective monner within a period of 30 doys from the date of receipt of such repre^ntation, '•'•y^ after considering al! the points raised by the petitioner and taking into account ttie order dated 31.1.2000 passed by the learned State Administratiye Tribunal in O.A. No. 1452/98, ond if the petitioner stcmds on the same footings, as the petitioners in the O.A. No. 1452/98 then he be also sanctioned the same pay scaie and seniority. 6. The writ petition is accordingly disposed of with -rtie dforesaid direction. No order cs to costs. Sd/- Satish K-Agmhotri Judge BAIu 'S.^f'^'- K:»a