;^;'?...f3g ^e^K.jt^u. SINSiLE BENCN IN THE HON'BLE HIGHCOURT OF CHHATTISGARH AT BILASPUR WRITPETITION (Sl No. ^-o^ /2010 PETITIONERS _• ^%? -^ - rv:'°* ..-•<^' '^^' ^B ^ ff 0<'<5B «s.<y ESPONDENTS: 1. Devkumar Sidar S/o Shri Tensai Sidar, aged about 57 Years, occupation Lecturer, in Govt. Higher Secondary School Chhal Block Dharamjaigarh, Distt. Raigarh (C.G.) 2: Lakhan Lal Nage S/o Shri Chamar Singh Nage, aged about 56 Years, occupation Head Master, in Govt. Primary School Ghasiyapara (Thusekela) Block Kharsia, Distt. Raigarh (C.G.) VERSUS 1. State of Chhattisgarh Through Secretary, Tribal Welfare Deportment D.K.S. Bhawan, Raipur, (C.G.) 2. Assistant Commissioner, Tribal Welfare Deportment, Raigarh District Raigarh (C.G.) 3. Block Education Officer Block Dharamjaigarh fY-/.Kharsia, Distt. Raigarh (C.G.) t^ - WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF ^l—- INDIA .^*^*^' %^ i 1 ..<^^?&-HC-22 VssS^ J~S 'S^ •^tfziRrq, 'gTJtmS. fadl'M^ 3T(^?T TRra? .i<'J:.£..lb.j.O^_i^vi qiNcir thtllch Co ft^ST' SD^f^T 'Ri-ii'* svj^i '^(N'^rfi^ sn^iTRiTWBfCT SB : HON'BLB MR. JUSTICB PRX 04.12.3010 Shri Ajay Kimiar Barek, co ShriA.V.Slmdhar, P.L. for vta: tfce Grievaacc of tbe petitioners fhe petitioners were appointed as pay scale of Rs. 100-150 for a completion of probation, fhey werj Rs. 169-300. Contention of fhe coiinsel fl are eatitled for regular pay scatej uutial appoiatinent aad their cq number of decisions passed bt judgment rendered by the M.P, ip Jabalpur in O.A. No. 2745/89 (Bf Vs. State of M.P. & Others) similarly placed teachers are esti] the date of their mitial appointme^ It is not disputed by both taken up by the State to the Apcx[ disinissed by the Apex Coitrt TribTinal to the effect that the Te< entifled for regular pay scale appointment. ; tlllfcl'lll 11*)CTl' ^ 'ft^t <["1<<;1< i; •sffpgir 3n^r •INKER DIWAKER sel for the petitioners. State, tin fhe present petttion is ttiat lAssistaat Teacbers on a fixed ^eriod of tfvo years aad after granted regular pay scale of br ffae petitioners is that fhey wifti efFect from the date of 'fse is squarely covered wifh this Court and also tlie State AdministTative Tnbuiial, (adhukant Yadu & 56 Others wbereia it has been held that |led for regular pay scale froni it. fhe parties fhat fhe matter was Court but fhe appeal was also i^pholding fhe decision of the ichers/Assistant Teachers are Qx>fs. ftie date of ftieu- itutial In view offhe above subinifesion inade bv fhe counsel for tbc parties, the petition is disposed of in fhe same terms i.e.nQsgk! --SSESSi, Si->. '^.XI-HC-22 "rg '•^RRpr, 'g^Fis. r'K'ii'yy STT^T T(?ra? iffwirgitn^ "^ 200 i^s^s' ani^T'^i W* Sf^W ^^li^ ^ffa aT^r-RgTWHfgcT aforesaid Dhe Otl stantl petitioners are granted Uberty to advised, in the Ij^ht of the dated 27.12.2008 and ia tum, directed to consider their case perspective. If fhe petitioners order passed by the State Admini^ Yadu (supra) and subsequently Court ia Special Leave Petition (| dated 3.1.1995, fhe petitioners accordiagly. tillfCT'ili t<11df'?fe3t <Ri]«i< •i? sifSgT sn^r ^nake a representation, if so judgment aud the circular coaceraed respondent is its own merits aad in its on the same fboting as per trate Tribunal in Madhukant coiifirmed by the Supreme Civfl) No. 6892/93 by order be entitled to saine relief iniay It is expected £roin fhe stat^ aufhorities to pass suitable onler after due scrutinv offh.e factt. It is niade clear that fhis (pourt has not expressed any opinion on inerits of fhe case s|nd the authority conceraed would be at Uberly to decide tijie representation strictly in accordance with ]aw. Sd/- • pritinker Diwakar Judge -L-. i-:ff^ •^fj.-rt