3mm WW @ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO.6"J1?4 [2006 '4: PETITIONERS : Jai Nath Bajpai,/ S/O. Late Shiv Bhushan Bajpai, Aged about - 39 years, Occupation : Service, working as ‘ Lower Division Teacher. (Assistant Teacher) at Government Primary School Pandopara Churcha, Tahsil : Baikunthpur, District : Korea (C.G.) VERSUS RESPONDENT 1. State of Chhattisgarh / Through : Secretary, Department of Trible Welfare, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2. Commissioner, Department of ’I‘rible Welfare, Raipur (C.G.) 3. Assistant Comissionervw Trible Welfare Baikunthpur, Distt. : Korea (C.G.) 4. Collector, Korea, Baikunthpur, Distt : Korea (C.G.) WRITE PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF MANDAMUS, CERTIORARI ETC. OR DIRECTION / ORDER OF LIKE NATURE ETC. m / 8 § HIGH COURT OF CHHATTI56ARH AT BILASPUR W.P.($) No. 5473 of 2006 Sfa'fe of Chha'r‘risgarh & ofhers Pe‘fi'fioner‘s : Rukesh Kumar' Sharmu & ano1'her Versus Responden'l's And W.P.($) No. 5474 of 2006 Petitioner : Jai Na'rh Bajpai Versus Respondem’s : S+a+e of Chhaffisgarh & 0+hers SE: Hon'ble Mr. JUS‘Hce 5a+ish K, Agnihofr'i, J Shri Mahendm Dubey, counsel for The pe‘kifioners. She-i Ajay Dwivedi, Panel lawyer- for +he respondan‘fs/S'm‘fe. O R D E R (91% October, 2006) The following order of +he Cogrf Ss passed by Sa‘tish K. Agnihofri, J. n . By 1'his ’pefi‘Hon under Ar‘ficle 226/227 of fhe Consfi'm'i'ion of India, fhe pe+i+ioners seek a diredion +o The responden'rs To pay 'Hqe incremen'l's and seniorify on fhe basis of The do'l’e of 'H'Ieir ini'fia!’ appoiMmen'fs in The ligh'r of fhe decision rendered by The ieorned STo'ie Adminisfro'rive Tribunai, Jobaipur in O.A, No. 1452/98 (Harish Chand Singh & o‘rhers Vs. Sfa‘ie of MP. (Si o‘rhers) da‘i'ed 31.1.2000. . Learned counsel qopearing for The peTiTioners placed on record a copy of The order daTed 23.3.2006 passed by This CourT in WriT PeTiTion No. 2577/2003 (NemSingh Thokur and oThers Vs. STaTe of Chha'Hisgarh 6: o and submifs 'Hm'r +he pe'ri'fioners are similarly simafed, 'rherefore fhe similar order may be passed. 1 The presenT wriT peTiTions, being W.P.(S) No. 5473/2006 and W.Pl(5) No. 5474/2006 involve similar facts and common ques'rion of law. Thus, 'rhese petitions are being disposed of by fhis common order. . The cases of The peTiTioners are ThaT They were appoinTed as Assisian'r Teachers in fhe School Educafion Depari’menf and Triba! Welfare Department respectively, on proba‘l'ian for a period of 'iwo years wiih 'i'he fixed salary‘ However, laier on affer- complefion of fwo years proba'iion, The pe‘ri'rioners were regularized bui fhey were no? given fhe regular pay scale. O‘I‘her similarly sifuafed ‘reachers moved ‘l‘he Sfa‘l‘e Adminisfrafive Tribunal, Jabalpur for regular pay scale, wherein learned Tribunal vide order da'red 31.1.2000 allowed fhe same. The pe'iifioners made: several represen'ra‘l'ions 'io accord The same ireafmen’r as fhey are also similarly si‘iua'red Assis'ian't Teachers bu‘l’ +he responden'l’s have not paid any heed. Thus, +his pe'H'Han. . Learned counsel for The peTiTioners submiTs ThaT The peTiTioners may be allowed +0 make a represen'ia‘rion ‘i'o The Respondenf No. 1 +0 give similar frea‘imeni’ +0 fhe pefi‘fioners and fhe same pay scale which have been sancfioned 1'0 o'l'her similarly si'rua‘red feachers on accoun'i of The order of The STaTe AdminisTraTive Tribunal daTed 31.1.2000, To which learned STaTe counsel has no objecTion. . Having heard learned counsel for The parTies and having regard To The fac‘l's and circumsTances of The case, in The opinion of This CourT The limiTed prayer made by learned counsel for The peTiTioners appears To be reasonable. Ther§+he ‘33 petifioners are aHowed 1'0 make a represen'fa'fion wifhin a period 0f Two weeks from +odey fa fhe respondent No. 1, m§sin9 a“ +heir grievances and in furn ihe Responden‘r No.1 she" decide fhe said represen‘m'rion in an objecfive manner wi'rhin a period'of 3O days from fhe daie of receip'r of such represeni‘a'iion, affer considering all 'H'ie poin‘l's raised by 'H'ie pe'ri'rioners and i‘aking info accoun'f fhe order dafed 31.1.2000 passed by The learned Sfa'l'e Adminisfra‘five Tribunal in O.A. No. 1452/98. . Bo‘rh The wrif pe'ii'rions are accordingly disposed of wi‘I’h fhe aforesaid direction. No order as To cos'rs. . A copy of This order be placed in The record of oTher one connecTed \‘ Thakur wri‘l peii‘rion. s Sd/- 3 Satish K. Agnihotri ‘ Judge l ‘