tS-.yJfSsSS^^SBial.SSS^S^Susic 'fr gg 6 >0^1^- IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH WRITPETITION N0. e'W-\ / 2006 ft PETITIONER'S .-!.: ^ ^'y'.^-" ^'',^\ts^'' .<•''" ^^// .i**' /.V..""' /\_ji; y1' .f"^''r^y ^y ' ^.^ ^' o^ \/~'^^ ^^y' ^\vo- ^' •>p ^ 3. 4. ./ Milap Ram Daharia S/o. Shri Moti Ram Daharia, Aged about 40 years, Upper Division Teacher, Govt. Middle School -Bhairotal, Block- Kat^gho' ra, Distt. - Korba (C.G.) Tek Ram Kashyap, S/o. Shri Ram Prasad , Aged about 40 years, Upper Division Teacher, Govt. Higher Secondary School, Podi-Dalha, Block - Akaltara, Distt. - Janjgir-Champa (C.G.) Kameshwar Ram Bairagi, S/0. Shri Vrichha Ram Bairagi Aged About 39 Years, Upper Division Teacher, Govt. Higher. Secondary School -Beltara Distt. Bilaspur (C.G.) J. S. Paikra, S/o. Shri Puran Singh Paikra, Aged about 40 years, Head Master Govt. Middle School -Tekar, Uttar/Bilha, Distt. -Bilaspur 5. -6. 7, f( 8. RESPONDENT'S VERSUS -J- ./-; Rajendra Kumar Jagat, S/o. ShriVishal Singh, Aged about 40 years, Head Master Govt. Middle School-Kalmitar, Block -Kota Distt. •- Bilaspur (C.G.) Mahesh Ram Maravi, S/o. Shri Dev Prasad Maravi, Aged about 38 years, Head Master Govt. Middle School, Ranibachali, Block - Kota Distt. - Bilaspur (C.G.) Resham Lal Banjare, S/o. Shri Darash Ram Banjare, Aged about 40 years, Head Master Govt. Middle School, Parsahi, Block-Akaltara, Distt. -Janjgir-Champa (C.G.) Santosh Kumar Shyam, S/o. Late Jethu Ram Shyam, Aged About 39 Years, Lecturer Thakur Ram Singh Govt. Higher Secondary Scool, Ramhepur, Distt. Bilaspur (C.G.) State of Chhattisgrh, Through - The Secretary, Department ofEducation, D.K.S. Bhawan, Raipur(C.G.) ' Director, Public Instruction Raipur Chhattisgarh. Joint Director, Public Instruction Bilaspur Sambhag, (C.G.) ^- ^- /6. District Education Officer, Distt. - Bilaspur (C.G.) District Education Officer Distt. - Janjgir-Chanpa (C.G.) District Education Officer Distt.- Korba (C.G.) WRIT PETITION UNDER ARTICLE 226/2270F THE CONSTITUTION OFINDIA XI-HC-78 Sn^T^iTf^TW ga(T 3TR5T S'ITW 3^'S[I2fRpT, ®T{1*1'16, ^^-©lfe^^/°€ tTTHCtt ShHlcb ^200 3n^rn?g;('iq(^'ai^T) ??(n'w;Rf?a'3n^T i7--, Mr.Anii Singh Rajput, coij Mr. Utkarsh Verma, Q. respondents/State. With the consent of iearrt heard finally and disposed of. Common order dictated open Court, passed sepai'ately. +wfcf<fl-l W:R?f ff fecA tfsRZIT ^>3lf^T3tI^T nse! for the petltioners. iputy Government Advocate for the sd counsei for the parties, the matter is 1 Writ Petition (Sj No.5762 of 2006 in Sd/- SatishK. Agnihotri Judge P.T.O. Respondents H1GH COURT OF CHHATTSSSARH AT BiLASPOR SiNGLE BENCH : HON'BLE MR. SAT!SH K. AGNIHOTRi, J. WRiT PETiTSON fS.) N0,5762 OF 200S Smt. Sushma Swarup versus State of Chhattisgarh and others WRST PETiTiON IS.} N0.5784_QF2_QOS Petitioners Resoondents versys Milap Ram Daharia and others State of Chhattisgarh and others Petitioner Respondents WRIT PETiTSON (S.) N0.578S OF 2006 Smt. Vaneeta Chandrakar versys State of Chhattisgarh and othefe Pstitkmer WRiT PETSTiON (S.) N0.6814 OF 2006 Vinod Kumar Sharma vsrsus Respondents : State of Chhattisgarh and others /? g^ Present : Mr. Anil Singh Rajput, counsel for the petitioners in a!l the petitions. Mr. Utkarsh Verma, Deputy Government Advocate for the respondents/State in ail the petitions. (Passed on 27'" of October, 2006) By this petition under Articles 226/227 of the Constitution of India, ths petitioners seek a direction to the respondents to pay the increments and seniority on the basis of the date of their initial appointment in the light of the decision rendered by the learned State Administrative Tribunai, Jabalpur in Original Application No.1452 of 1998 (Harish Chand Singh and others vs. Staie of M.P. and others) dated 31-1-2000, Original Application No.802 of 1998 (Akhilesh Mishra and others vs. State o/ Madhya Pradesh and others) and Original Appiication No .991 of 1998 (Ramayan Prasad Dvmedi and others vs. State-ofWS.P. and others}. 2. Learned counsei appearing for the petitioners placed on record a copy of the order dated 12-10-2006 passed by this Court in Writ Petition (S.) No.5593 of 2006 (Smt. Asha Ekka (now kaushik) and another vs. Siate of Chhattisgarh and others) and submits that the petitioners are simi!ariy situated, therefore, the similar order may be passed. 3. The prtesent v/rit petitipns, being Writ Petitions (S.) No.5762 of 2006, 5784 of 2006, 5785 of 2006 and 5814 of 2006 involve ^D similar facts and common question of law. Thus, these petitions are being disposed of by this common order. 4. The cases of fhe petitioners are that they were appointed as Teacher in the School Education Department on probation ror a periodof two years with the fixed salary. HowSver, later on, after completion of tVi/o ysars' probation, the petitioners were reguiarized, but, they were not given the reguiar pay-scale. Other simiteriy situated teachers moved the State Administrative Tribunal, Jabaipur for regular pay-scaie, wherein learned Tribuna!, vide order dated 31-1-2000, a'lowed the same. The petitioners made several representations to accord the same treatment as they are aiso simiiariy situated teacher, but, the respondents have not paid any heed. Thus, this petition. 5. Learned counsel for the petitioners submits that the petitioners may be ailowed to make a representation to respondent No.1 to give similar treatment to the petitioners and the same pay-scaie which has been sanctioned to other similarly situatsd teachers on account of the order of the State Administrative Tribunai dated 31-1- 2000, to which leamed counsei for the respondents/State has no objecfson. 6. Having heard learned counsel for the parties and having regard to the facts and circumstances of the case, in the opinion of this Court, the limited prayer made by iearned counsel for the petitioners appears to be reasonable. ThereTore, the petitioners are aliowsd to make a representation within a period of two weeks frorh today to respondent No.1, raising all their grievances and, in turn, respondent .il.1 F LIS.SfSSaag BcSi»> ;1.'"._^..-L.—J- >••". No.1 shall decide the said representation in an objective manner within a period of 30 days from the date of receipt of such representation, after considering ail the points raised by the petitioners and taking into account the order dated 31-1-2000 passed by the learned State Administrative Tribunal in Original Application N6.1452 of 1998, and if the petitioners stand on the same footings, as the petitioners in the Original Application No.1452 of 1998, then they be aiso sanctioned the same pay-scaie and seniority. 7. The writ petitions are accordingly'disposed of with the aforesaid direction. No order as to costs. 8. A copy of this order be placed on the record of the cpnnected v/rit petitions. Sd/- Satish K. Agnihotri Judge