^5 W THE H1GH COURT OF CHHAl'nSGARH : B1LASPUR Wiit Petition (S| Np. 5160 of 2008 Petitioners 1. Panneshwar Giri, Age about 54 year, Astt. Teacher, S/o Shri Brijaath Giri, R/o Ville^e Post - Porada, Tehsu - uhaighoda, Distt- Raigarh (C.G.) 2. Laxnu Prasad Rafhiya, Age about 54 year, Headinaster, S/o Sbri Doleram Ratbiya, Govt. Middle School Kuduiukera, Block - Gharghoda, Distt. - Kaigarh (C.G.) 3. Saatosh Rarn Rathiya, Age about 57 year, 'ieacher, S/o Shri Manohar Singh Rafhiya, Village- Faguraia, Post - Teram, R/o Block- Gharghoda, Distt- Raigarh (C.G.) 4. Usat Rgja Patel, Age about 55 year, Astt. Teacher, S/o Shri Ivlani Raxa Patel, Govt. Pruaary School Chharra Tanbgar, Block- Gharghoda, Distt - Raigarh (C.G.) Versus Kesponuents 1. State Govt. of CtLtiatnsgarh, Tlu-ough Secretary Educatioa. Departaieat, D.K.S. Bhawan, Distt. - Raipur (C.U.) 2. Distt. Education Qf&cer, Raigarh, Distt. — Raigarh (C.G.) 3. Astt. Coiamissioner, Tribal wetfare Deparfcuient, Distt. - Raigarh (C.G.) WRIT PETITION UNDER_ARTICLE 226 QF l HE coNsrrruTioN OF TNDIA (SB: Hon'ble Shri Satish K. Agnihotri J.) Shri Sonibant Verraa, Advocate for fhe petitioners. Shri Yashwant Siagli Thakur, Deputy Advocate General for the respoudeats. O RD E R (Passed on fhis 15th Day ofSeptember, 2008) 1. With tbe consent of leamed counsel appeanng for tbe pardes the matter is heard finally. 2. Leamed counsel appearmg for the petitioners subimts that iaitiaUy the petitioners were appom.ted as Assistaiit Teachers on. a fixed pay of Rs. 100/- for a period of one year. After completion of probation period they were grauted regular pay scale. He further subiuits that the issue uivolvecl ia the case is ..^Ss. ~'l"<t& y'a' \ § J'1 « •'l.- >.^.. '^L^^^ "Tr^:^"' 7 asto wlielher ttie petltioners are entitled to regular pay scale with eifect troin the date of initial appoiatuient or after coinpletion ofprobatioii period. The issue iavolved jtiereui was considered by ftie Maclhya Pradesh State Adininistrative Tribuiial, Jabalpur in O.A. No. 2745/89 ( Madhukaat Yadu aad 56 othera Vs. State ofM.P. & others), whereia it was held that the sunilady situated teachers are entitled to regular pay scale w.e.t. tiie date ofinitial appointiaent. The inatter was taken up to the Hon'ble Supreine Court. The appeal was dismissed by the Hon'ble Suprenie Court, up.tioldillg the decision of the 'I'ribuiial to the eflect tbiat the Teachers/Assistaat Teachers are entitled to regiilar pay scaie froin the date ofinitial appoiutineiit. He further subinits that ftie petitioners mav be graated Uberty to inake a representation. to the concemed authority tbr grant of regular pay scale froin the date ot iaitial appoiatiuent pursuaat to the judgnient aad order dated 24.8.1992 passed ia the niatter ot MadhiLkant Yadu (supra). In view of the foregoing reasons, this petition stands disposed of in the same terms i.e. the petitaoners are graiited Uberty to make a representation, it' so advised, to consider fhe petitioners' case, it' they staad on the same footiags as per the order dated 24.8.1992 iu fhe inatter of Madhiikaiit Yadu (supra) aad subsequently coitfirmed by order dated 3.1.1994 passed by the HonTile Supreine Coi.ut ia Special Leave Petition (Civil) No. 6892/93 aud graat relief accordingly. Sd/- SatishK.Agnihptri Judge Yhakur