G^- ( 0<S5 /- ^ IN THE HIGM COURT OF JUDICATURE AT^BILASPUR CHHATTISGARH WRITPETITION N0. ~5^^ 9/2006 PETITIONER Lakhan Lal Dahriya / S/o. BadakRam Dahriya.aged about 40 years Upper Division Teacher, Govt. Tribal Welfare Middle School, Aj'garbahar, Distt.- Korba(C.G.) VERSUS RESPQNDENTS le'k---l" }:^-^"s.^- . (43- s^'u, P.R-^^SW^1^^.---- T^^M^"^ 'Aatsd---"""7 ^; ^5^ .•5T /^t ^ - • '^^ 1, StateofChhattisgrh,^ Through - The Secretary, DepartmentofTribalWelfare, D.K.S. Bhawan, Raipur (C.G.) 2. CommissionerTribalWelfare.'' Department, Chhattisgarh Govt. Raipur 3. AssistantCommissioner/' Tribal Welfare Department, Distt.-Korba (C.Q.) WRIT PETITION UNDERARTICLE 226/227 OF THE GONSTITUTION OF INDIA HI6H COURT OF CHHATTIS6ARH AT BILASPUR W. P.(S)No. 5929 of 2006 Petitioner Lakhon Lal Dahriya Versus Itespondents State of Chhottisgarh & others I...':. SB: Hon'ble Mr. Justice Satish K. Agnihotri. J 5hri Anil Singh Rajput, Advocate for •t+ie petitioner. Smt. Anju Ahuja, Deputy fiovernment Advocate for -the State/ respondents. ORDER (2nd November, 2006) The following order of the Court is passed by Satish K. Agnihotri, J. 1. By this petition under Article 226/227 of the Constitution of India, •the petitioner seeks a direction to the respondents to pay the increments and seniority on -the basis of the date of his initial appointment in the light of the decision rendered by the learned State Administrative Tribunal, Jabalpur in O.A. No. 1452/98 (1-larish Chand Singh <& others Vs. State of M.P. d others) da-ted 31.1.20)0, O.A.No. 802/98 (Akhiledi Mishra <& others Vs. State of Madhya Pradesh A others) and O.A.No. 991/98 (Ramayan Prasad Dwivedi & others Vs. Stnte of M.P. &others). 2. Learned counsel appearing for the petitioner ploced 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 & o-thers) ond submits that the petitioner is simitarty situated, therefore, -the similar order may be passed. 3. The case of the petitioner is •that he was oppointed as Upper Division 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 petitioner was regularized but he was not given the regular pay scale. Other similarly situated •teachers moved the State Administrative Tribunal, Jabalpur for regular pay scale, wherein lear-ned Tribunat vide order dated 31.1.2000 allowed the same. The petitioner made severol representations to accord the same treatment as he is also similarly situated Upper &iviswn Teacher, but the reqiondents have not paid any heed, Thus, this petition. 4. Learned counsel for the petitioner aibmits that the petitioner may be allowed to make a represenfation to the respondents to give similar treatment to the petitioner and the same pay scale, which have been ^.: sanctioned to other similarly situated teadiers on account of the order of •tfie State ^dministrative Tribunal dated 31.1.2000, to which learned State counsel has no objection. 5. Havin9 heard learned counset for the parties and having regard to the facts and circumstances of the case, in the opinion of this Court the limited proyer made by leamed coun»lfor the petitioner appears to be reasonabte. Therefore, the petitioner is allowed to make a repr-esentation within a period of two weeks from today +o the respondents, raising all their grievances ond in turn the re^)ondents Subhash diatl decide the said representation in an objective manner within a period of 30 days from the date of receipt of sudi representation, after considering all the points raised by -the petitioners and taking into account the order chted 31.1.2000 passed by the learned State Administrative Tribunal in O.A. No. 1452/98, and if the petitioners stand on the same footings, as the petitioners in the O.A. No. 1452/98 then they are entitled to the same pay scale and seniority. 6. This writ petition is accordingly disposed of with the aforesaid direction. No order as to costs. Sd/- Satish K-Agnihotri Judge ^