SlNStE BENCH c ^[6^' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.) WRITPETITION N0.2-^-1L_0^20Q6 PETITIONER l/./ ^fe^ ./e^y/ .••''' K^' -/' f!:l/l\f /^?6y ^'^" / ^/ <(y !/ '/•»», ^fy"- '1:. %?^ y^ vv^t---.:. ' -~^-e^ ->ti-3'is''^;:..., y^ "?«t«^ ^^fSy ^l. Jaduram Nag, aged about 38 years, Son of Shri Dhaniram Nag, Presently working as Assistant Teacher, Govt. Primary School Tokapal (Sankul Potanar), Block Tokapal, District South Bastar, Dantewada (C.G.). / 2. Smt. Sujata Devi, aged about 47 years, D/o Shri Pilu Singh Kashyap, Presently working as Assistant Teacher, Govt. Primary School Kurenga Madiyapara, Block Tokapal, District South Bastar, Dantewada (C.G.). /3. Dilip Kumar Shouri, aged about 39 years, Son of Late Shri Deshi Ram Shouri, Presently working as Assistant Teacher, Govt. Boys Hostel Kunji, Block Tokapal, District South Bastar, Dantewada (C.G.). /4. Piluram Kashyap, aged about 37 years, Son of Shri Koduram Kashyap, Presently working as Assistant Teacherf, Govt. Primary School Kondalur, ;s>"" "^"^' "f' s? fl^X^ S?'."^.'*"'^' ^—m->>.1"^ /'7s &<&\,' I'.'I&X xy Block Tokapal, District South Bastar, Dantewada (C.G.). / 5. Mansharam, aged about 41 years, Son of Late Shri Dashruram Teta, Presently working as Assistant Teacher, Govt. Primary School Tikradhanora, Block Tokapal, District South Bastar, Dantewada (C.G.). /6. Sanyashi Nagwanshi, ageda bout 38 years, Son of Late Shri Ranga, Presently working as Assistant Teacher, Govt. Navin Ashram Shala, Dhhodhherpal, Block Darbha, District South Bastar, Dantewada (C.G.). /7. Onkar Singh Baghel, aged about 40 years, Son of Shri Sagram Singh Baghel, Presently working as Assistant Teacher, Govt. Primary School Ransargipal, Block Tokapal, District South Bastar, Dantewada (C.G.). ^ 8. Chandrabhan Singh Netam, aged about 44 years, Son of Shri Ghari Ram Netam, Presently working as Assistant Teacher, Govt. Middle School Errakot, Block ^y .--'^ -s -^' ^ ^ -» ^ 'w. 1 -s1?'^' ^. ^.^., y"'' ^ ^'1 '^^-^^'y ""•W s!'S'°*-<>is:/ Tokapal, District South Bastar, Dantewada (C.G.). ^ 9. Smt. Amita Das, aged about 39 years, Wife of Shri Shubhashish Das, Presently working as Assistant Teacher, Govt. Primary School Dimrapal, Block Tokapal, District South Bastar, Dantewada (C.G.). /10. Smt. Anusha John, aged about 36 years, Wife of Shri A. K. John, Presently working as Assistant Teacher, Govt. Primary School Aanvrabhata, Block Tokapal, District South Bastar, Dantewada (C.G.). /II. Daman Singh Verma, aged about 40 years, Son of Late Shri Rambisad Verma, Presently working as Assistant Teacher, Govt. Primary School Metawala, Block Tokapal, District South Bastar, Dantewada (C.G.). /12. Satyendra Kumar Singh, aged about 43 years, Son of Shri Parasnath Singh, Presently working as Assistant Teacher, Govt. Middle School Keshlur, Block Tokapal, District /• B»1 sl ..'•^ /{ •^..^*.—-^4>// '^'s'f wy.S^^y South Bastar, Dantewada (C.G.). /13. Mukesh Kumar Jain, aged about 41 years, Son of Late Shri Puranchand Jain, Presently working as Assistant Teacher, Govt. Primary School Dongriguda, Block Tokapal, District South Bastar, Dantewada (C.G.). ( 14. Smt. Namita Shrivas, aged about 41 years, D/o Shri Chetan Shrivas, Presently working as Assistant Teacher, Govt. Primary School Mejaripaha, Block Tokapal, District South Bastar, Dantewada (C.G.). /15. Smt. Ganga Devi, Chandrawanshi, aged about 46 years,........... Presently working as Assistant Teacher, Govt. Primary School Padarguda Arrakit, Block Tokapal, District South Bastar, Dantewada (C.G.). 16. Smt. Shanti Das, aged about 40 years, Wife of Shri Jageshchandra Das, Presently working as Assistant Teacher, Govt. M.L.B. H. S. School / f^ Jagdalpur, District South Bastar, Dantewada (C.G.). ^17. Smt. Ratna Karn, aged about 44 years, D/o Shri Nagendra Prasad Karma, Presently working as Assistant Teacher, Govt. Primary School Dharmur Tekamela, Block Tokapal, District South Bastar, Dantewada (C.G.). /18. Kamal Singh Goyal,aged about 38 years, Son of Shri B. R. Goyal, Presently working as Assistant Teacher, Govt. Primary School Tokapal (Kotwarpara), Block Tokapal, District South Bastar, Dantewada (C.G.). /19. Mohan Lal Kashyap, aged about 39 years, Son of Shri Lakhnu Ram Kashyap, Presently working as Assistant Teacher, Govt. Primary School Burunjpal, Block Tokapal, District South Bastar, Dantewada (C.G.). ^ 20. Naresh Kumar Kashyap, aged about 44 years, Son of Late Shri Ludraram, Presently working as Assistant Teacher, Govt. Primary School Telanga B. ",^.-st>--l '=^; u- ^ ",-•", ^ ^ -.., .;•: 'it ""•• '^?» "t. ':i<&°fe. \ ^1. -;•" 'S2 tt ^y Aarapur, Block Tokapal, District South Bastar, Dantewada (C.G.). / 21. Bhagat Ram Mandavi,a ged about 39 years, Son of Late Shri J. L. Mandavi, Presently working as Assistant Teacher, Govt. Primary School Gudrapara (Raikot), Block Tokapal, District South Bastar, Dantewada (C.G.). 7 22. Tara Singh Futan, aged about 40 years, Son of Late Shri 3. R. futan, Presentiy working as Assistant Teacher, Govt. Middle School Nainmoor, Block Tokapal, District South Bastar, Dantewada (C.G.). i 23. Pratima Diwan, aged about 35 years, D/o Shri Laxmidhar Diwan, Presently working as Assistant Teacher, Govt. Primary School Ratnabandha, Block Tokapal, District South Bastar, Dantewada (C.G.). /24. Smt. G. Subhadra Rao, aged about 38 years, Wife of Shri G. Nagendra Rao, Presently working as Assistant Teacher, Govt. M.L.B. H.S. Jagdalpur, » 1.1 District South Bastar, Dantewada (C.G.). VERSUS RESPONDENTS : 1. State of Madhya Pradesh, Through: The Secretary, Tribal Welfare Department, Vallabh Bhawan, Bhopat (M.P.). u % ^2. State of Chhattisgarh, Through: The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.). / 3. The Commissioner, Tribal Welfare Department, Bhopal, (M.P.). /4. The Commissioner, Tribal Welfare Department, Raipur (C.G.). WRIT PETITLON UNDER ARTICLE 226/227 QL-THE CONSTITUTION OF INDIA. 1950 FOR ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI. MANDAMUS ETC. AND FOR APPROPRIATE ORDER/ORDERS, DIRECTION/DIRECTIONS. S^^ 3^n "• |; ^ifssrf6/<i(®.;;.; !j ^VW '^•, .•?' ^-^y sntd'siT fN?T 311^1 a^iiwafta ^.f.Mk&.u. 311^1 •^HRR'gfe; tiifiaqR tiltRft' ^••siiigi? 10.5.2006 Shri P.P. Sahu, Advocate f<l>r the petitioners. Shri Sushil Dubey, Govt. 4dv, for fhe State. Heard. Tbp petitioners, who are various schools jn the State o workiag as Assistaat Teachers ia Chliattisgarh, havc preferred this petition. . The inaia gnevance ^)f the petitioners 1s fhat they were appointed as Assistant Teachersj Rs.545-10-575-15-800-20-900-'3 ABowaace, but instead of paying in fhe year 1987 in the pay scalc of 85-975/-, in addition to the Dearacss the above scale the petttioners were paid the Gsced amount ofRs.SCjO/- p.m. during the first scssion of probation period, Therefore, so^ue of the similarly situated persons inoved before tfae State Adnun^stTative Tribunal at Jabalpur, who vide order dated 15.10.1999 Birected the State GoveEament for scalc. Siuularly, in the case o Umesh Paa^relu, Shivanaad Assistant Conimissioner, Tribal payment of regular pay scale ^nd in cbinpliance of that order 26 persons,who moved the petiti^ii, have been paid fhe regular pay Dharmendra Thakur, Smt, Meena Awasftu, Raiaesh Upadliyay, tjarsih Chand Goval, AsholE Pandey, Kashyap aad Manglu Ram Nag the Welafare, Jagdalpurvide ordcr dated 13,5,2005 ordered for makmg {|ayment ofregular pay scale to thein. The petitioners herein have beeaji denied the said pay scale, therefore, tfaey have made a represenlati^n Anaexure P-7 to responderit No.4, but so far aothmg has beett he^rd froin the side ofrespondent No.4. Therefore, learaed coujisel for flie petitioners requested that in fhe circuinstauces, respondeut ^o,4 be directed to decide the «. [%^rt . -• r ( ; q; ; y sn^rqff K-w* sn^i *tii«fc'gt?;T s E.CS^A.C^'P M^ -^ '^ 3nt^^<nwgfer •s.' counbel df representation offhe petitioners| couasel for the State has no objq Haviug heard learacd to the facts and ctrcuinstances order dated 13.5.2005 (Annex^ Coflunissioner, Tribal Welfare Dji oider of State Adnmustrative considered opinion fhat representatiou made by fhe moiiths fi-oin todav and ifthe avMtable with WTO, fhen th^ representation to respondent No.t Witfa the direction aforesaift In view ofthis order, I.A. Certified copy as per rules^ 'Wqfwih TWRff-? fet?i •(teZR ^aiPaHsn^r / aad pass orders, to which teamed ;tiOB, for the petitioners, haviag regard fhs case and haviug regard to fhe (ire P-8) passed by fhe Assistant ijepartment, Jagdalpur and also the ITribuaal, Jabalpur, .I ain of the No.4 should dccxle the p^titioners wifhia a period of fhree reijiresentation of fhie petitioners is not petitioners can inake a firesh .|4. Ordered accordiagly. 1, fhe petition stauds disposed of. >.4896/06 also stands disposed of. resp]ondeut Nb Sd;- L.C. Bhadoo Judge [^^fe4 >--f