c IN THE HIGH COURT OF CHHATTISGARH LS. AT BUASPUR WRIT PETITIONtSl No. /2006 PETITIONERS :1) Madan Lal Yadav S/o. Shri Suklal Yadav, aged about IJ\S years, Occupation- Govt. Servant, Govt. Higher Secondary School, Charbhatha, Tahsil Dongargarh, District Rajnandgaon (C.G.) cP^ \a/~ ^lff ,-°:<,^ ^? .<>^ .d^'^y ^.' \^0>' ^y K^ ^ 2) Ashok Kumar Kured, S/o. Shri Dewa Ram Kureti, aged about ffZ years, Occupation- Govt. Servant Govt. Higher Secondary School Ambagarh Chowki, District Rajnandgaon (C.G.) RESPONDENTS ^ ^••1?^ • ^^^'" ^^ ^''y^c// stv" 1',- .^•••" VERSUS :1) State of C.G., Through Secretaty, Tribal Wetfare Department, DKS Bhavan, Mantralaya, Raipur (C.G.) :2) Com.missioner, Tribal WeUare Department C.G, Raipur (C.G.) & o\u'^ :3) Assistant Commissioner Departaient of Tribal Welfare, Mahasamund (C.G.) £fe2^- WMT PETIION UNDER ARTICLES226ffaff OF THE CONSTITUTION OF INDIA XI-HC-78 HI^CtT S»l*11th 3^-<ii<iici<i, »Tnyis,Rictiti^ —..L>M^>^.-.^3±/^ ^200 3ii^r?>rR-ii+ awsn^Tsbiiqi 3Ti^?r inra;'(qqfgg^r) BWIiaRHfN'sn^T 11.12.2006 Smt. Hadeeda Siddiqui, le^rned counsei forthe petttioners. Shri Ajay Dwivedi, leamed '»iii[a<nfii*<tnTfftetit'<Ri<?i;i< ^i^ri^iT^n^T P.L. for the State/respondents. l-1eard. By this petition under Adfcies 226/227 of the Constitufaon of India, the petitionere seek a dir^ction to the respondents to pay the increments and seniority on th^ basis of the date of their initial appoinhnent in the light of the d4;ision rendered by the Isamed State Administrative Tribunal, Jabafrur in Originai Application No. 1452/1998 (Harish Chandra Sindlh and crthers Vs. State of M.P. and others)dated 31.1.2000 I 2. Learned counsel appearin|g for the petitioner ptaced on record copy of the order dated 9-11-?006 passed by this Court in Writ Petition (S) No. 6123/2006 ( Sur^ndra Kumar and another Vs. State of Chhattisgarh and others) and 1890/2003 (Chhattisgarh Shikch^ and submits that the petitioners | Assistant Teachers in the School for a period of two years with the irder dated 6-4-2005 in W.P. No. k Sangh-v- State of C.G. and others) are similariy situated, therefore, the similar order may be passed. 3. The case of the petition^rs is that they were appointed as Education Department on probatten fixed salary. However, tater on, after completion of two years' probatijon, the petitionera were regularized but, they were not gh/en the reg| initial appointments. Other simiiail Administrative Tribunai, Jabaipl plar pay scale from e date of their |ly situated teachers moved the State pr for regular pay-scale, wherein iearned Tribunal vide order dateB 31.1.2000 aitowed the same. The P.T.O. XI-HC-78 ITTOCfT ShHFth 3?3''qraRra, ^Tfl'M'ie, Rlfll^y ^.'p.c^^^1^ ^.:...................^j 200 311^!>1 4sl"<*> (lclta°"<eT) an^rsiirf^TRi traTsn^TgiHNi ?RiiisreflfN sii^T petitioners made several repr^; treatment as they were also have not paid any heed. Thus, thi^ 4. Leamed counsel for the may be allowed to make a represls similar treatment to the petitionel' been sanctioned to other similarlyl order of the State Administrath/e learned counsel for the respondent 5. Having heard learned coun^ to the facts and circumstances oftl the limited prayer made by learnec| to be reasonabie. Thererore, the representation within a period of t\( No.1, raising all their grie\@nces decide the said representation in of 30 days from the date of re<) considering ail the points raised account the order dated 31.1.2 Administrative Tribunal in Original 6. The writ petition is accordir direction. No order as to eosts. 7. Certified copy as per rules. sim<larly peptioners <tii'iiFc'i''fl-i t<i4<'i1'fftel^l'<t«i+di< ^3l1^IT3TI^T ientab'ons to accord the same situated, but, the respondente petition. submits that the petitionere sntation to respondent No.1 to give •s and same pay-scale which has situated teachers on account of the rribunal dated 31.1.2000, to which te/State has no objection. ^ei for the |Mrfes and having regard ie case, in the c^inion of this Court, counsel for the petitioners appeare Ipetitioners are allowed to make a )n weeks from todayto respondent ^nd, in hjrn, respondent No.1 shall |in objective manner within a period teipt of such representation, after |>y tfte petitioners and taking into passed by the leamed State ^pplication No. 1452/1^8. Igly disposed of with the aforesaid 2d00 Sd/- Dhirendra Mishra Judge P.T.O.