i 4 c^ CC3 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (Sl No. Y2006 PETITIONER fe •^y ^^tv '<" ..••^.•-v^ ^S-l- ^*" .f^ s?'- •• ^y s^- RESPONDENTS -COP^ fe^pus CLERS-toR{^"^-ofo ;.;-- Meghraj Tandan S/o. Shri Ganga Ram Tandan, aged about 38 years, Occupation Assistant Teacher Prunary School Piprahi Block Chhura, District Raipur R/o. Mamulipara, Chhura Block Chhura, District Raipur (C.G.). VERSUS 'fl) State Of Chhattisgarh, Through Secretaiy, Tribal Welfare, DKS Bhavan, Raipur (C.G.) Assistant Commissioner, Department Of Tribal Welfare, Raipur (C.G.) ,;3) The Block Education Officer, Chhura, District Raipur (C.G.) WRIT PEyTITION UNDER ^UITICLES 226/227 OF THE CONSTITUTION OF TODIA I^^^^^^^ ^SK^^^^ ^Ss^S^^^f 't^^i^^ HISH COURT OF CHHATnSSARH AT BILASPUR. W.P.(S) No. 5137 of 2006 Petitioner : Meghraj Tandan Versus Respondents : State of Chhattisgarh &others y.P.(S) No. of 2 Petltioner Q^-_e^y^r,nH^'.n't's? Ishwarl Prasad Ratre Versu State of Chhatt'sqarh & others A. SB; Hon'ble Mr. Justice K. Agnihotri. J Smt. Hamidu Siddique, counsel for 1+ie petitioners. Smt. Anju Ahuja, Deputy ©overnment Ad.yocate for the respondents/State. n&tM it^t^U^i (20th September, 2006) The following order of the Court is passed by K. 1. By this petitio" under Article 226/227 of the Constitutioi of India the. petitioners u direction to the respondents to pay tiie increments and seniority on the basis of the date of their initial appointments in the light of the decislon rendered by the learned State A-dministrative Tribuna!, Jabaipur in O.A. No. 1452/98 (Harish Chand Slngh A others Vs. State of M.P. & others) dated 31.1.2000, O.A.No. 802/98 (Akh!!esh Mishra & o1+iers Vs. State of AAsd!- Pradesh & h & others) and O.A.No. 991/98 (RufflGyan Prascd Dwivedl & otiiers Vs. Stute of ,V..P. & others). I^S3'?: 2. Learned counsei cmpearin9 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 Thakur and others Vs. State of Chhattisgarh & others) and submits the petitioners are siwilarly situated, therefore, the similar order may be passed. 3. The present writ petitions, being W.P.(s) No. 5137/2006 and W.P.(s) No. 5138/2006 inyolve simiSar facts and common question of law. Thus, these petitions ar-e being disposed of by this common order. 4. The cases of tiie petitioners are that they were appointed as Upper Divislon Teachers in the School Education Department on probation for a period of two years with the fixed salary. However, later on after completion of two years probation, the petitioners were regularized but they were not giyen the reguSar pay scale. Other similar.ly situated teachers moved the State Administrative Tribunal, Jabalpur for reguiar pay scale, wherein learned Tribunal vide order dated 31.1.2000 ailowed the same. The petitioner-s made several representations to accord the same treatment as they are also simitarly situated Upper &ivision Teachers but the respondents have not paid any heed. Thus, this petition. L Learned counsel for the petitioners submits that the petitioners may be allowed to make a representation to the Respondent No. 1 to give similar treatment to the petitioners and the same pay scale which ho.ve. been sanctioned to other similarly situated teachers on account of the order- 6f the State Administrative Tribunal dated 31.1.2000, to which learned State counsel has no objection^ ff 6. Having heara' learned counse! for •Hie parties and having regard to the facts and circumstances of the case, in the opinion of this Court thi limited prayer mads by 'earned counsel for the petitioners appears to be reasonable. Therefore, the petitloners are aHowed to mcke u representation within a period of two weeks from today to the respondent No. 1, raising a!l their grievances and in turn the Respondent No.l shall decide 1+~ie said representation in cm objective manner within a period of 30 days from the date of receipt of such representation, after consldering a!! the polnts raised by the petitioners and tuking into account the order duted 31.1.2000 passed by the learned 5+ate Adminis+rctive Tribunal in O.A. No. 1452/98, and if -rfie petitioners stmid on the same footings, as the petitioners in the O.A. No. 1452/98 fnen they be also smctioned the same pay scale and seniority. 7. Tnese writ petitions are accofdingly disposed of with the aforesaid direction. No order' as to costs. 8. A copy of this order be placed in the record of other one connected writ petition. Sd/- Satish K. Agnihotri Judge BAIu