3? HI§H COURT 9F CHHM‘HSGARI'! BEMSPUR § WP (7s) No. 322 OF 2000 PETITIONERS 1. Ramdhan Rathore S/o Shri Shiv Ram Prasad Rathore, aged about 57_ years, Head Master Adim Jati Kalyan Vibhag, Primary School Rogda, Block Kartala District Korba (CG) 2. Saheb Lal Dewangan S/o Shri Kedarnath Dewangan, aged about 57 years, Upper Division Teacher, Adim Jati Kalyan Vibhag, Middle School $ohagpur, Block Kartala, District Korba (CG) 3. Praja Ram Dahariya S/o Shri Mani Ram Dahariya, aged about 58 years, Adim Jati Kalyan Vibhag, Primary School Khamharpara (Bhanwarkhol) Block Kartala District Korba (CG) Versus RESPONDENTS 1, State of Chhattisgarh, through Secretary, Tribal r Welfare and Education, Mantralaya, DKS Bhawan, Raipur, (CG)' 2. The Commissioner, Tribal Welfare, Raipur (CG) 3. The Assistant Commissioner, Tribal Welfare, District Korba (CG) WP {SI NO. 325 OF 200 PETITIONER : Ramphal Tiwari, S/o Ramkhilawan Tiwari, aged about 54, years, Upper Division Teacher, Government Middle School, Jarve, Block Kartala, District KOrba (CG) Versus RESPONDENTS 1. State of Chhattisgarh, through Secretary, Tribal Welfare and Education, Mantralaya, DKS Bhawan, Raipur, (CG) 2. The Commissioner, Tribal Welfare, Raipur (CG) 3. The Assistant Commissioner, Tribal Welfare, District Korba (CG) ’ WP (s) NO. 326 OF 2009 Badri Prasad Suryawanshi S/o Shri Prem Ram “Suryawanshi, aged about 51 years, Assistant Teacher, Govt. Middle School, Salihabhatha, Block Kartala, District Korba (CG) Versus RESPONDENTS 1. State of Chhattisgarh, through Secretary, Tribal Welfare and Education, Man'tralaya, ‘DKS Bhawan, Raipur, (CG) ' 2. The Commissioner, Tribal Welfare, Raipur (CG) 3. The Assistant Commissioner, Tribal Welfare, District Korba (CG),%,j.‘ ' PETITIQNER mwwwWmWWwwmwwwwawwmwawmwawwgw r \ ; r r p Writ Petitions under Article 226 of the Constitution of India Present . - Mr Ashwam Shukla, learned counsel for the petltloners Mr Y S Thakur, learned Dy AG W1th Mrs Smxta Ghax, learned PL for the State O RA L O R D ER (Passed on 2l.1.2009) Dhirendra Mishra, J _ A11 the above petitions are being disposed of by this common order as common question is involved for adjudication in these petitions. The petitioners were initially appointed as Dy. Teachers, Assistant Teachers and Teachers in the schools of Tribal Welfare Department of the State Government They were appointed on probation for a fixed period and flxed salary by the respondents Then" semces were regularlzed after completlon of probation period and they were granted regular pay scale from the date of their regulartzation The issue involved in these petitions is whether the petitioners are entitled for regular pay scale from the date of their initial appointment or from the date of their regularization ? Learned counsel for the petitioners submit that the above issue has been considered by the M P State Adminlstration Tr1buna1 Jabalpur in O A No 2745/89 (Madhukant Yadu and 56 others —v- State of M P and others}, whereby it was held that Similarly situated teachers are entitled to regular pay scales With effect from the initial date of their appointments. The above matter was taken up upto the Hon’ble Supreme Court and the Hon’ble Supreme Court vide order dated 3—1-1994 passed in S.L.P.(C) No. (2) 6892/93 finally dismissed the appeal of the State Government. It was further argued that the State Government vide order 27— 12—2008 passed by the Department of Schedule Caste and Schedule Tribes has granted approval to pay regular pay scale to all the Dy Teachers/Ass1stant Teachers] Teachers who were appomted before 1982 and after 1995 from the date of initial appointment after their successful completion of probation period The case of the petitioners is squarely covered by the order dated 12 2 2007 passed by this Court in WP (S) No 813/2007 (Ram Kumar Sahu —v- LS‘tate of Chhattisgarh and 3 / another) Where regular pay scale was granted with effect from the 1n1t1al date of appomtment On the other hand Shrl Yashwant Smgh Thakur, learned Dy Adv. General appearmg for the State, submltted that only such Dy. Teachers, Assistant Teachers or Teachers who were appointed between 1982-83 to 1994-95 are entitled to get the benefit of regular pay scale from their initial appointment after successful completion of two years probation period. However, when Shri Thakur was confronted with the latest memo No. F—14—25/2007/25—1 dated 27- 12—2008 issued by the State Government, he did not dispute that the Dy. Teachers/ Assistant Teachers/ Teachers, mwho were appointed even before 1982-83 and after 1994—95 are also entitled for regular pay scale from the initial date of their appointment. Having heard learned counsel for the parties, having regard to the memo No. F 14-25/2007/25—1 dated 27-12—2008 issued by the Scheduled Castes and Schedule Tribes Department of the State Government and the decision of this Court dated 12—2—2007 passed in W.P. No. 813/2007 (Ram Kumar Sahu —v- State of Chhattisgarh and another) (Supra), the order dated 27-6-2007 passed in W P (S) No 3566/2007 (Loknath Patel —v- State of Chhattlsgarh and others), the petitions are allowed 1n the terms of aforesaid judgments. However, this order shall be subject to all verifications made by the State regarding the facts pleaded in the petitions. A copy of this order be kept in all the above writ petitions. Sd/- Dhirendra Mishra Judge wwwa‘xp ‘rl