.<t6? 'j^l^i ^ BE:^^R tii^S^^ §"" £1^&~^^ >a« @^Eta,s^^.?§ . 3-<7p2^ l' cp BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR WRIT PETITION (S) N0. /2007 PETITIONERS ^-1. z-^. .-•"V? ..••" y^// ^-2. s.0.-^'-.?' .-•" cs/ ^^ //y .^)' y^,e''»,. <•' l^' <21' Vishnu Kishor Chandra, Son of Vishal Nath Chandra, Aged about 36 years, Assistant Teacher, Posted in the Of&ce of Assistant Coinniissioner, Adivashi Vikash, Distnct Janjgir-Champa (C.G.) Krishna kumar Jhalaria, S/o. Late Shri D.L. Jhalaria, Aged about 38 years, Assistant Teacher, Posted in Superinten- dent Pre-Matric, S.T. boys Hostel, Saragaon, Distt.Janjgir-Champa (C.G.) VERSUS RESPONDENTS 1. State of Chhattisgarh, Through the Secretary, Tribal Wetfare & Departtnent, D.K.S. Raipur (C.G.j. Education Bhawan, .2. /3. ^y A. G ^^•^ The Cornniissioner, Tribal Welfare Department, Raipur (C.G.). The Assistant Commissioner, Tribal Welfare Departinent, Janjgir-Champa (C.G.) The Director, Public Instruction Department, RaipurfC.G.) WRIT PETITION UNDER ARTICLE 2^6 OFTHE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF MANDAMUS, CERTIORARY OR ANY OTHER WRIT OFJJKE NATURE ETC. ^ "s-~~^ ^ HI6H COURT OF CHHATTIS6ARH AT BILASPUft W. P.fS) hto. 878 of 2007 Petitioners : Vishnu Kishor Chandra and ano-ther Versus Re^iondents State of Chhattisgarh ond o-thers SB: Hon'bte Mr. Justice Satish K. Agnihotri. J Present: None appears for the petitioners. Mr. Ajay &wivedi, Panel lawyer for 1+ie State/respondents. OR DER yassed on tiiis 14th &ay of February, 2007) 1. The petitioner was aippointed vide order dated 5.11.88 (Annexure P/l) os Assistcnt Teacher on fixed pay scale of Rs. 300/-. After completion of one year probation, she was gronted regutar pay scale of Rs. 975-25-1000-30-1210-40-14a3-50-1650/-. 2. Leamed counset appearing for the petitioner aibmits that the issue involved in the case is asto wA»ether the petitioner is entitled to regukxr pay scale w.e.f. -the date of initul appointment or after completion of probation period. 3. The issue involved, herein was considered by •the Madhya Pradesh State Admmistrotive Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yodu ond 56 others Vs. State of M,P. & others), wherein it was held •t+iat the simitarly situated teachers are entitled to reguhr pay scale w.e.f. the date of initial cppointment. The matter was taken-up to the 1-lon'ble Supreme Court' in Special Leave Petition (CiviQ No. 6892/93. The said petition was dismissed by Ihe Hon'ble Supreme Court upholding the decision of the Tribunal to the effect ^) '/• that the TecKhers/Assistant Teachers are entitled to regular pay scale from date of initial oppointroent. 4. Leamed counsel cppearing for the petitioner further submits that this Courl', while considering -the same issue in Sjshil Tiwari & others Vs. State 6ovt. of Chhanisgarh & others (WP. (5) No. 5976 of 2006) by order dated 7-11-2006. has granted reguhr pay scale w.e.f. the date of initial oppointment. 5. Leomed counsel cppearing for the parties jointty aibmit that this case is squarely covered by the decision of this Court in the case of Sushil Tiwari & others Vs. State ©ovt.of Chhatt-isgarh & others (Supro). 6. In view of thnt, this petition is allowed in the same terms. No order as to costs. Boblu Sd/- Satish K. Agnihutri Judge