iSSSSs ^S-SS1<'i»9S'S.!?SSSI;i.. ^^^g^g^^^^^^^^ff IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH (^) WRIT PETITION^NQ, ^<r2^ / 2006 PETtTIONER ~tt,' ^&^ i0*s~ ^^^s^^ '^^''~"^y"v' ^<8SSA...--'"" '^-•" Q^ >0^1> ^\^y o- ^' 'tf> ^ RESPONDENTS ^ VERSUS 1. .2. 3. Smt. Asha Ekka (now kaushik) W/o. Dadan Kumar Kaushik, aged about 38 years Upper Division Teacher, Govt. Girls Higher Secondary School, Dharamjaygarh, Distt.-Raigarh (C.G.) Anand Shankar Dwivedi, S/o. Sri R.A, Dwivedi, aged about 38 years, Upper Division Teacher, Govt. Girls Higher Secondary School, Dharamjaygarh, Distt. - Raigargh (C.G.) StateofChhattisgrh, Through - The Secretary, Department of Education, D.K.S. Bhawan, Raipur (C.G.) Commissioner Tribal Welfare Department, Chhattisgarh Govt. Raipur Assistant Commissioner Tribal Welfare Department, Distt.-Raigarh (C.G.) /' WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA HI6H COURT OF WHATTISGAW A7 BIUSPUR W.P.(S)No. 5593 of 2006 Petitioners Smt. Adna Ekka (now kaushik) & another State of Oihattisaarh & others SB: Hon'bte Mr. Justice Satish K. Agnihotri. J Shri Aml Singh Rajput, Advocate for the petitioner 5mt. Anju Ahuja, Depuf).' ©oyernment Advocate rfs/State. (12Tn October, 2006) TTie following order of t+ie Court is passed by S y this petition under Article 226/227 of -tiie to pay the of their initial increments and seniority on the s of the date (ypointments in the light of th sion rendei Chand Singh & ur in O.A. No. .P. & others) 1452/98 (Harish da-ted 31.1.2000, .,4.No. 802/98 (Akhitesh Mishra & o1+iers Vs. State of AAadhya Pradesh & others) and O.A.No. 991/98 (Ramayan Prasad Owivedi & others Vs. State of M.P. & others). 2. Learned counse! appearing for the petitioners piaced on record a copy of -the order dated 23.3.2006 by this Court in Writ Petjtlon No. 2577/2003 (NemSingh Thakur and others Vs. State of Y Chhattisgarh & others) and submits that the petitioners are aimilarly situated, therefore the simitar order moiy be passed. 3. The cases of the petitioners are that they were appointed as Upper tSivision Teachers in the Schoo! Education Department on probation for a period of two yeo.rs with the fixed salary. However, !ater on after comptetion of two years probation, the petitioners were regularized but they were not given the regular pay scale. Other simila"!y situated teachers moved the State Administrative Tribunal, Jabaipur for regular pay' scale, wherein leorned Tnbunal yide order dated 31.1.2000 ailowed the same. The petitioners made severa! representations to accord the same treatment as they are also similarly si-h-'ated Upper Division Teachers but ihe respondents have not paid any heed. Thus, this petition. 4. Learned counse! for the petitioners submits that the petitioners may be allowed to make a representation to the Respondent No. ! to give simifar trestment to the petitioners and the same pay scaie which similarly si of •rtie order of the State Administrative Tribuns! dated 31.1.2000, to which iearned State counset has no objection. 5. Having heard learned counset for the parl'ies and having regard to the facts and circumstances of the case, in the opinion of this Court tiie Simited prayer made by learned counse! for the petitioners eypears to be reasonabie. Therefore, the petitioners are attowed to fnake a representation within a period of two weeks from today to the respondent No. 1, raising atl tiieir grieyances and m turn 1 Respondent No.l sholt decide the said representation in an objective manner within a period of 30 days from the date of receipt of such represerttation, after considermg a!l the points raised by the peti'tioners and takin9 into account the order dated 31.1.2000 passed by the learned State Administrative Tribunat in O.A. No. 1452/98, ond if the petitioners stand on the same footings, as the petitioners in the o.A. No. 1452/98 then they' be also simctioned the same pay scale and senlority'. 6. Thls writ petition is accordmgiy disposed of with •rtie aforesaid direction. No order as to costs. Sd/- Satish K. Agnihotri Judge Bablu