HIGH COURT OF CHHATTISGARH AT BILASPUR ‘vVrit Petition (S) No. 1071 0f2$08 PETITIGNER Chitrakam Singh Rathore S/o Manharan 1.111 Ratllors, Aged about 46 years‘. Assistant Teacher Naveen Primary Schooi Parsada, Block Akaltam District Jan} git Champa (CG). VERSUS RESPGNDENTS . State of Chhattisgarh, through Secretary, School Eduaation Department, DKS Bhawan, Raipur, District Raipur (CG). 2.. The Director Public Instruction Department Raipur, District Raipur (CG). U). 4. Block Educatiari OEea-r, Akaltara, District, District Jaujgir Champa (CG). District Education Offmer Bilaspug Distriat Janjgir Champa (CG). {WRIT PETITION UNDER ARTICLE 226 OF THE CONS l i l UTION OF INDIA) (SB: Hon'ble Mr. Satish K. Aguihotri, J.) Present : Shri Sanjay Patel, Advocatc for the petitioner. i Shri U.N.S. Deo, Govt. Advocate for the State/respondents. ORAL ORDER (I’asset‘l on 20m of February, 2038) ..nl The petitioner was initially appointed on 04.08.80 as Assistant Teacher on fixed pay of Rs. 150A Afier completion of probation, the petitioner was gamed regular pay scale. Similarly situated employees had approached the Madhya Pradesh State Administrative Tribunal, Jabalpur. The Tribunal passed; the order on 24.08.1992 in 0A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & Others). 3. It was further held that the said benefit would he given to all the teachers and they should not be compelled to approach the Tribunal for similar benefit individually or collectively. 4. Being aggrieved, the then State of Madhya Pradesh had filed the Special Leave Petition (Civil) No. 6892/93 impugning the order dated 24.08.1992 passed by the Madhya Pradesh Administrative Tribunal, Iabalpur inO.A No. 2745f89. The Hon’ble Supreme Court after hearing counsel for the parties, dismissed the Special Leave Petition and having regard to the large financial implications, granted one year‘s time to settle the claim for the arrears without interest vide order dated 03.01.1994. It was thither observed that the intervention would work x Jl\ 20 Gut their rights in accordance with law‘ This order dated 24.08.1992 passed by the Tribunal in OA Noi 2745/1989 is applicable to the petitioiiers being similarly situated and they are accordiiigly entitled to the same beuefit. Learned counsal appaaring for the petitioner submits that this Court While considering the same issue in Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another in Writ Petition (S) No. 813 of 2007 by order dated 12.02.2007, has granted regular pay scale w.e.f. the date of initial appointment. Learned counsel appearing for the parties jointly submit that this case is squarely covered by the decision of this Court in the case of Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another (Supra). However, the state is at liberty to verify the faets of appointment asto whether the case of the petitioner is similar to that of the order dated 12.02.2007 passed by this court ii. WP. (S) No. 813 of2007 (Supra). In View ofthat this petition is allowed in the same terms i.e. petitioner is entitled to the same relief as was granted by the Madhya Pradesh State Administrative Tribunal, Jabalpnr in 0A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of MP. & others) and subsequently confirmed by order dated 03.01.94 passed by the Hon’ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The petitioner shall be governed by the orders passed by the Tribunal as well as by the Hon'ble Supreme Court (supra) accordingly. No order asto costs. % Sd/— 0 ‘» Satish I a. firidgéh K Agn hetri 1‘ 1H ,. . .n ne)] a e Sahn