FP 2 ^'r < ^•i-^I;;^^s*^3^^^ IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.fS.lNO. ^4^3 /2009 PETITIONERS: 1) .~K 0^ ^ ^yy?. ^Zi^V' 'V./92::'<NV 2) c^ <•?^y -? v ..'•.•- Yadavram Sidar S/o Shri Pitaru Sidar, Aged about 53 years; Headmaster Govtemment Girls Middle School, Singhra, Block Malkharoda, District Janjgu'-Champa (C.G.) Hemchand Dhirahe. S/o Shri Dayaram Dhirahe Aged about 53 years, Headmaster Govtemment Boys Middle School, Singhra, Block Malkharoda, District Janigir-Champa (C.G.) VERSUS RESPONDENTS •^<'•.<L~u~e-'^\c''S^/ .:.-/^i .9r<-^t^'. 1. State of Chhattisgarh: Through : The Secretary, School Education ^Department, D.K.S. ,, Bhawan, Raipur (C.G.) 2. District Education Officer, Janjgir, Distt . Janjgir-Champa (C.G.) 3. The F'rincipal Govt. Higher Secondaiy School, Singhra, Block Malkharoda; District Janjgir-Champa (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CnNRTTTUTION OF INDIA FOR ISSUAJMCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRJT OF LIKE NATURE ETC. SiBii?ta HIGiLOSIMT OF CHHATTISGARH AT BILASPUR U'RIT PETmON (S} No. 6479 of20W PETTTIONERS RESPONDENTS Yadavram Sidar & another. VERSUS State ofCUMttisearh & others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Aanihotri. J. Present: Shri D.R.Patel, Advoeate foi the petitioner. Shri M.P.S.Bhatia, Deputy Goveminent Advoeate for the Stats/respondents ORUER (ORAU (Passed on 10a day <rf November, 2009) Wilh the consent of leained counsel appearmg for the parties, (he petition is heard finallv. 1. Lsamed counsel appearing ferthe petitioner submits that the petitioners were appointed on the post of Assistant Teacher on a &ed pay scalc of Rs. 150/- on probation. After eompletion oftheir probation period, the petitioneis we*e aranted regular pay scale. Leamed counsel forther submits that the tssws inv&lved m the case is asto whefher the petitioners are entitled to regular pay scale with effoct from the date ofinitial appointment or after completion ofprobation period. 2. The issue involved heiein was considered bv the Madhva Pradesh State Administrative Tribunal, Jabalpur (for short "the SAT") in O.A.No.2745/89 (Madhukant Tadu and 56 others vs. State qfM.P. & others), wherein it was held that the siinilarly situated teachers are entitfed to regular pay scale •w.e.f. the date of initial appointment. The matter was taken up to the Supreme Cotut. The appeal was disinissed by the Supreme Court, upholding fhe decision of fhe Tribunal te fhe effect that the Teaehere/Assistant Teachers are entitled to Teaular pay seale fi-om date ofinitial appointment. 3. In view offlie above gubmissions niade by leamed counsel for the parties, the writ petition is disposed of in the same tenns ie., the petitionen are granted liberty to mafce a representation- if so advised, to consida' the petitionas' case on its own merit and peispective, tf the petitiaaeis stand on the same footiiKS as per order passed by the SAT 'mMadhukant Tadu (supra) and sufesequeatly confirmed by the Supreme Court in Speeial Leave Petition (Civil) No. 6892/93 by wder dated 3-1-1994 and grant reliefaccordinaSy. 4. . Inviewofforegoing-the writpetitionisdispossdof. .t^ ^s& ^&%e \fx