INT SINGLE BENCH 57’? ‘% @ HE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION s No. 3:5 2 5’ 201 1 Ittabar Singh Marko S/o . Shri Guhasai Marko about 52 Years occupation Head Master Govt. Boys Middle School Beharchunva, Block Kartala Distt. Korba (C.G.) PETITIONER VERSUS 4 RESPONDENTS: 1. State of Chhattisgarh ‘R\Q@& 7 Through Secretary, Tribal Welfare Deportment, Bhawan, Raipur, D.K.s. (co) (/2. Commissioner, Tribal Welfare Deportment, Raipur Distric Raipur (ea) . Assistant Commissioner, Tribal Welfare Department, Korba Distt. Korba (C.G.) ,4. Principal Govt. Higher Secondary School Beharchunva, Block Kartala Distt. Korba (C.G.) M WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA t WW,WWI§)W 24 M..€.§$z..wz:..2g.ggg4t 200 mm (mu) man'rfawiw WWW mWW1§wm éqaifcmm SB: Hon’ble Shri Manindra Mohan Shrivastava, J. mmm 4.7.201 1 Shrl Ashw’ani Shukla, (‘tounsel for the petitioner. Shn Sushll Dubey, Gqvt. Advocate for the State, on advance copy. Hqard. Learned counsel for the petitioner submits that the petitioner is entitled to grant of regular pay-scale from the initial date of appointment in View of Cirol'ular dated 27.12.2008 issued by the Department of Scheduled C l ste 85 Scheduled Tribe and in View of order passed by the M hya Pradesh State Administrative Tribunal, Jabalpur (for sh rt ‘the SAT”) in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), which later on, attained tin lity, as S.L.P. against the same, was dismissed by the Supreme Court also. Learned counsel for the petitioner submits that resondents may be directed to consider the case of the petitioner. On the other hand, ,arned counsel for the respondents submits that if the petitio er Claims benefit of Circular dated 27.12.2008, petitioner ou ht to have first approached the respondents, claiming such neiit. Wm m zoo mm (maria-dim mam mufgam .. '2, mwm&’fg€rm mmm $‘ai’mm Taking into consideration the submissions made by learned counsel the parties and also taking into consideration that orders have been passed in numbér of cases, petitioner is granted liberty to approach respondent-Authorities, claiming benefit based on Circular dated 27. 12.2008. x If the petitioner stands on the same footings as per order passed by the SAT in Mnrihfukant Yadu (supra) and subsequently confirmed by the Supreme Oourt in Special leave Petition (Civil) No.6892/93 by order dated 3. 1. 1994, the petitioner may be entitled to same relief. With the aforesaid observations, the petition stands finally disposed of. Sd/- Manindra Mohan Shrivastava Judge Praveen 3mm