^ HIGH COURT OF CHHATTISGARH AT BILASPCR WRIT PETITION (S) Na. 3819 ofWW PETITIONERS RESPONDENTS ^- 1. Lawrence Kujur, Aged about 44 years, Son of Shri Emil Kujiu-, Posted at Bharat MataMiddle School, Mudhupara Patora, District Ambikapur (G.G.) 2. Smt. Nirmala Kujur, Aged about 35 yeare, Wife of Shri Anm Kujur, Posted at Btuuat Mata Middle School, MiKUnipara, PatCT-a, District Ambikapur (C.G.) 3. Snrt. PhuUcerya Bara, Aged about 31 years, Wife ofShri Diril Bara, Postedat Bharat Mata Middle Sehool Mudhupara Patora, District Anibikapur (C.G.) VERSUS 1. State of Chhattisgaih, teou^ti Se<a'etary, Tribal Welfare Departmeat, Mmbalaya, D.K.S. Bhawan, Raipur (ChhattisgaA). 2. Commissioner, Tribal Welfais Departmect, Disfaict Ambikapur (Chhattisgarii) 3. Catholic Sansthan Surguja, Daksh Parikshetra, Bisiiop's House, Ambikapur, tfarougb Nirdeshak, Bishty's House, Ambikapw (C.O.). WRIT PETmON UNDER ARTICLE 226 OF THE CONSTmJnON OF Sinaste Banch: Hon'Ue Justtee Shri SaUsh K. Aenflwtri. Present: Shri Anupam Dubey, Advocate for Ihe petitioners. Smt. Anju Ahuja, Dy. Govt. Advoeate forthe State/tiespondentNo. land2. ORDER (Passed oa 4th day of Jidy, 1. LeMned counsel appearmg for flie petttitners suhnrits that Ihe petitioners are teachers wotking in the respondent No. 3 fastitute. The petitioners are entitled to grant oflfae Pifth Pay Comnussion in the light oftiieju<^meBt and order dated 6.2.2007 passed by this Court in tiie ease of Smt. A. l,aU Vs. State afChhattfsgarh & Othws (W.P. No. 41Wof2005) wMiotha- connected matters. \ 4. Leamed counsel further submits that dus case is squarely cova-ed on facts as well as on question oflaw by Ifae decision oftiris Court in the matta- of Smt A. Lall Vs. State of CUiattisgarh & Others and othsr comwcted matters (supra). Leamed eounsel appearing for &e respondents No. 1 and 2/Stete subinits that the petitioners have not filed any document indicating asto whefher the petitioners are appointed within the sanctioned post and flie school is Govemmeiit aided. In view ofthat, Ihe wnt petition is allowed in the same terms passed by fhis Court in Ifae matter of Smt. A. LaH Vs. State of Clihatti%arh & Others and other connected matters (supra), subject to verifieaticm asto whether the respondent No. 3 Institute is a Govemment aided school md tiie petitioners are teacher within the sanctioned stren^h. Sd/- . Satish K.Agnihotri Judge