BEIICH S ^ ^'t^'i <;*.•'.!- •'•"' "-* u ^(^5 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR. WRIT PETITION (Sl No. S~HS OF 2006 Petitioner ^ ^ c/y <^ h&~ Smt. AbhUasha Indwar W/o. Sri Rakesh Satish Indwar, aged about 41 years, Occupation Govt. Servant, Upper Division Teacher Govt. Hr.Secondary. School, Bhatapara, R/o. Naya Ganj War, Near Saraswati School, Mandi Road, Bhatapara, District Raipur (C.G.) VERSUS Respondents .O'r'.^- .<t ^> 1) State of C.G. through Secretaiy Department of School Education, ^•"'1^-f ) \S^ DKS Bhavan, Raipur (C.G.). ^ ^/ ^ 0-" ^2) District Education Officer, District Education Office, Raipur ^3} Block Education Officer, Block Education Office, Bhatapara, Distriet Raipur (C.G.) «•Si ^.''^?"-'^*1"*^'' '^y> ~^^^* -^' <" Q?; WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/WRITS. ORDER/ORDERS. DIRECTION/DIRECTIONS etc. © fin'iRTnB 11LAJ iINGLE BENCH ;.,HON"BLE IVJR, SATiSH K. AQNiHOTRI. J. R1T PET1TION 'S.i OF 2001 Petitioner ients versus Smt. Abhiiasha Indwar State of C.G. and others Present : h/irs. Hamida Siddique, counsel for the petitioner. Mr. Sumeet Verma, Panel Lavyyer for the respondents/State. ?M (Passed on 26tn of October, 2006) sy this petition under Anicies 226/227 of the Constltution of india, the petitioner seeks a dirsction to the respondents to pay ine Incrsments and seniority on the basis of the date of her inmai appointment in the iight of the decision rendered by the iearned StaSs Admlnistrative Tribunai, Jabaipur in Originai Application No.1452 of 1998 (Harish Chsnd Singh and othsrs vs. State of M.P. and others) dated 31-1-2000, Original Application No.802 of 1998 (Akhilesh Affshrs and others vs. State of Madhya Pradesh and otlvrs) and Orlginai Appiication No.991 of 1998 [Ramayan Prasad Dwwedi and ot'ners vs. StateofM.P. and others}. 2. Learned counsel appearing for the petitioner has filsd a ;opy of the ordsr dated S-4-2005 (Annexure P-6) passed by this Court 2 !R Writ Petjtion No. 1890 of 2003 {ChhatSsgarh ShJkchak Sangh (Teachers Assoaation) vs. State of ChhaHisgarh and othei-s) and submits that the petitioner is simiiariy situatsd, therefore, she shouid be jiven pariiy. 3. Ths cass of the petitjoner is that she vras appointed as Teacher in ths Schoo! Education Department on probation for a period of two years with ths fixsd salary. However, !ater on, after completion oftwo years' probation, the petitioner was rsguiarized, but, shs 'was not given ths rsgular pay-scals. Other simiiarly situated teachers moved the State Administrative Tribunai, Jabalpur for reguiar pay-scaie, wherein 'sarned Tribunai, vide order datsd 31-1-2000, aliowed the same. The petitioner made ssvsrai repressntations to accord the sam< treatment as she is aiso simiia'iy situated teachsr, but, the respondents havs not paid any heed. Thus, this petition. 4. Learnsd counsel for •the petitioner submits that the petltioner may be ailowed to make a representatlon to respondent No.1 to g'.ve simiiar treatment to the petitioner and the same pay-scaie 'which has been sanctioned to other similariy situated teachers on ascount of the order ofths State Administrative Tribunal dated 31-1-2000, to which learned counsei for the respondents/State has no objection. 5. Having heard iearned counsei for the parties and having regard to the facts and cireumstances of the case, in the opinion of this Court, the iimited prayer made by learnsd counsel for the petitioner appears to be reasonable. Therefore, the petitionsr is allowed to make a r&presentation wlthln a period of two weeks from todsy to respondent No.1, ralsing ail her grievancss and, in tum, respondent No.1 shail decids the said representation in an objective manner within a period of 30 days from the date of rsceipt of such representaiion, after considering all the ooints raised by the petitioner and taking into account the order dated 31-1-2000 passed by the iearned State Administrattve Tribuna! in Original Appiication No.1452 of 1998, and if the petitioner stands on the same footlngs, as the petitioners in the Original Appiication No.1452 of 1998, then she be aiso sanctioned the same pay-scale and seniority. The writ pstition is accordingly dispossd of with the rection. No order as to costs. Certifled copy as per rules. ,- - -— Sd/- Satish K. Agnihotri Judge