§ w mu WM Mmggg a) IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.ISI N0. £3&Y /2oo9 X, PETITIONER : Devnath Ram, S/o Nanhu Ram, aged about 54 years, Assistant - Teacher, Govt. Primary School, Baigatoli (Kaliba) , Block— Kunkuri, Distt.— Jashpur (C.G.) VERSUS RESPONDENTS : 1. (X State of Chhattisgarh Through a The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. District Education Officer, Jashpur, Distt.-Jashpur (C.G.) 3. Block Education Officer Kunkuri, Distt.- Jashpur (C.G.) 4. Treasury, Account 83 Pension Jashpur, Distt.-Jashpur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. \‘8 n w 1 ’T \ WRIT PETITION {Sg Nc. 6395 cf 2009 PETITIONERS z Devnath Ram. VERSUS RESPONEENTS : Sta€e 0f Chhattisgarh & Otkers. “HRH PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Han’ble Shri Satish K. AgniEatrL J. Pa‘assnt: Shrx Somkant Verma with Shri Akshay Yadav, Advacais fer ths petitioner. Shri N.N.Roy, Panel Lawyer for iha State/respondents‘ [\J U) ORDER (ORAL) (Passed 0n 06f“ day of November, 2009) With the consent of Earned counsel appearing for the pméies, {ha pamien is heard fmaliyv Lsamed counsel appearing foy the petitioner submits that the yetitioner was appointed initialiy as Deputy Teacher on a fixed pay scaie 0f Rs.150/’- 0:: probaiien. i ’_er compleiion of his pmbatimi yei'ieé, the petitieiiei‘ was granted regular gay scaie. Leameii counsel fuither suiamits ihat ihe issue iiivaiveci in the case is asto Whether the petitiimer is entitled t0 regular pay scale with effec: fmm the daie of initial appointment c-r after completion of probation period. The issue involved herein was considered t7y the Madhva Pradesli State Administrative Tribunal, .Tabalgiur (for Short “fbe SAT”) in O.A.No.274$f89 {i’aéfadlaiiimm Yaa’ii and 56 ozkers vs. State (fit/1P. & others), wherein it was held that the simiiai‘ly sitinted teachers are entitled to regular pay scale we}? the date of initial anpointment. The matter was take?) up to the Supreme Count. The appeal was dismissed by the Supreme Coui't, upholding the decision of the Tribunal to the effect that the Teachei‘s/Assistant Teachers are entitled to reguiar pay scale from date of initial appointment. In View of the above sulnnissions made by learned counsel for the parties, the writ petition is disposed of in the same terms i.e., the petitioner is granted liberty to . make a representation, if so advised: to consider the petitioner’s case). if the petitioner stands on the same footings as per order passed by the SAT in Madhnkant Yacht (supra) and subsequently confirmed by the Snpreme Court in Special Leave Petition (CiviD No. 6S92/93 by order dated 3—1-1994 and grant relief accordingly. in view of foregoing the writ petition is disposed of. / //Sd;- hotr" . Salish 1" Agm Judge