HIGH COURT OF CHHATTISGARH AT BILASPUR Wnt Petinon (Q No 1311 o'rzoos PELITIbNER - ‘ g I yum, Assistant Tmhcr, Govcmmcnt Higher Secondary i - School, Khmasia.Block Kharsla, Dxstnct Ralgarh (CG) Thing Put Secretary (CG) School ‘ Educanon VERSUS State of Chhmusgaih Dwartmmt DKS Bhawan, . RESPONDENTS : l. 2. The Assxstant Commissioner Tribal & Welfare Department Block Educatton Odicer IGIarsta. Dtstnct Ratgarh (CG) (WRIT PETITION UNDERARTICLE 226/227 OF THE CONSTITUTION OF INDIA) _ ’Ralgal‘hwG) I‘ , 3.’ X S1111 Am! Mourya5 Advocate for the petmoner . Shn Alok Bakhsln Govt Advocais for the Smteirespondents ' $ Present :1 1. The petmoner was mmally appomted as Ass1stant Teacher on tixed pay of Rs 150/- A&er completmn of probatlon, the petmoner was granted s regular pay scale T 2. Sumlarly Sltuated employew had approached the Madhya Hadesh State y V Adlmmstratlve Tnbunal Jabalpur The Tnbunal passed the order on 08 1992 m OA No 2745/89 (Madhukant Yadu and ‘6 others Vs _ StateofMP &0thers) ‘ i 3. a It was mrther held that the said beneiit would be gtven to all the teachew L and they should not be compelled to approach the Tnbunal for stmtlar benefit 1ndmdually or collectlvelv l 4. r ' Being aggrieved the then‘State of Madhya Pradesh had tiled the Special Leave Petition (Ctwl) No 6892/93 unpugnmg the order dated 24 08 1992 passed by the Madhya Pranesh Admmstranve Tnbunal, v _ ' r Jabalpm m o A No 2745/89 The Home Supreme Cow am: heanng ‘ i oounsel for the patties d1srmssed the Speclal Leave Petmon and havmg regard to the large fmancnal Lmphcauons granted one years tune to L settle the clam) for the arrears Wtthout mterest Vtde order dated L ( . , .1, ‘03 01 1994 It was timber observed that the mterventzon would work ' out thelr nghte m accordanee wrth law Thts order dated 24 08 199 L passed bv the Tnbunal m 0A. No 2745/1989 1s appltoahle to the Natthu Ram Sidar, S/o S1111 Pik Ram Sldar aged about 5O ‘ ORAL 011111111 1 massei! on__a'._ 29 ofFeblmly, 2008) 2 oners emg Simiarly smlated and they are accordingly entitied to _ the same beneft Leamed c01msel appearmg for the patxflom’r submits that thw Court while canstdermg the Game Issue m Ram Kumar Sahu and others Vs tan: Govt of Chhamsgarh and another 1n “Lot Potmon (S) No 813 of‘ 2007 by order dafed 12 02 2007 has gamed regular pay scale w e f the dam of 11mm! appomtment. Learned counsel appearmg for the pames Jomtly submlt that thls caso ls Qquarely covered by the de01s1on ofthls Court m the case ofRam Kumar Sahu and others Vs State Govt of Chhattlsgarh and another (Supra) However the state 1s at hberty to venfy the facts of appomtment asto whether the case of the petitioner 1s sumlar to that of the order dated 12 02 2007 passed by tlus court 1n W P (S\ No 813 of 2007 (Supra) In mew ofthat thls petmon 1s allowed 41 the same terme 1 e petmoner ts entitled to the same rehef as was granted by the Madhya Pradesh State Admmtstratlve Tnbunal Jahalpur 1n OA No 2745f89 (Madhukarrt Yadu and 56 others Vs State of MP & others) and subsequemly 1 confirmed bv order dated 03 01 94 nassed by the Hon'ble Supreme 3 Court m Special Leave Petttton (Cm!) No 6892/9? The petltloner shall he governed by the orders passed by the Tnbunal as well as by the Hon'hle Supreme Court (supra) accordingly, subject to ventlcatlon of th t o ordr asto st M i‘ ‘ Sd/— ,Satish K. Agnihotri‘ - 'J v‘ .,,Judge, ' petm b l S e facs N e cos _