c^ ^-ys7L. HON'BLES. B. IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fSI No. £<&!^\ / 2011 PETITIONERS: 'l. 2. 3. ^yy **<^>*li' c/y' .^°^xr os7^Ly 4. 5. /-6. RESPONDENTS: 1. ^' 2. 3. ^ 4. 5. ^ Dular Singh Sahu, S/o Late Shri Asharam Sahu, Aged about55 years, Post- Lecturer, R/o Vikash Nagar Kondagaon, District Bastar, C.G. Pramod KumarTripathi, S/o Late Shri ShivkumarTripathi,Aged about 54 years, Post- Head Master, R/o Sargipalpara, Kondagaon, District Bastar, C.G. Jadunath Ber, S/o Shri Lakhmuram Ber,Aged about 58 years, Post- Head Master, R/o Nayapara Kusma,'Post Bamhani, Kondagaon, District Bastar, C.G. Puran Ram Korram, S/o Late Shri Subas Korram, Aged about 58 years, Post- Head Master, R/o Village & Post Chipawand, Tahsil Kondagaon, Distrirt Bastar, C.G. Narayan Dewangan, S/o Late Shri Hiralal Dewangan, Aged about 58 years, Post- Head Master, R/o Village Badetumnar, Post Chote Tumnar, District South Bastar Dantewada, C.G. Ram Shankar Devvangan, S/o Late Shri Piluram Dewangan, Aged about 56 years, Post- Head Master, Posted at Primary School Kudalgaon, R/o Bhagat Singh Ward, Pathraguda , Jagdalpur, DistricS Bastar, C.G. VERSUS State of Chhattisgarh, Through the Secretary, Department ofTri'oal Welfare, Ministry, D.K.S. Building, Raipur, C.G. The Assistant Commissioner, Tribal Welfare Department, Jagdalpur, District Bastar, C.G. The Assistanf Commissioner, Tribal Welfare Department, Dantewada, District South Bastar Dantewada, C.G. The District Education Officer, .lagdalpur, District Bastar, C.G. The District Education Officer, Dantewada, District South Bastar Dantewada, C.G. 3 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH : BILASPUR S.B.: Hon'ble Shri Manindra Mohan Shrivastava, J. PETITIONER RESPONDENTS Writ Petition (S) No.2641/2011 Dular Singh Sahu and others Versus State of Chhattisgarh and others Writ Petition u/A 226 of the Constitution of India Present: - Shri Alok Dewangan, counsel for the petitioner. Shri Prasun Bhaduri, Panel Lawyer for the State/respondents on advance copy. ORALORDER (Passed on 13th ofMay, 2011) With the consent of learned counsel for the parties, the matter is heard finally. •^. The petifioners were appointed as Teachers on a fixed pay of Rs.100/-. After successfully completing the probation period of2 years, they were granted regular pay scale. 2. Learned counsel appearing for the petitioners submits that the issue involved in the case is as to whether, the petitioners are ehtitled to regular pay scale with effect from fhe date of initial appointment or after completion of probation period. 3. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in r Vl '*<6..,iS>«--"~iS 1 ~>^3^ f^H; O.A.No.2745/89 {Mddhukant Yadu and 56 others v. State o/ M.P. & others), wherein, it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the Hon'ble Supreme Court, upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from. the date of initial appointment. 4. In view of the above submissions made by learned counsel for the parties, the writ petition is disposed off in the same terms i.e. the petitioners are granted liberty to make a representation, if so advised, to consider his case on its own merit and in its perspective. If the petitioners stand on the same footings as per order passed by the SAT in Madhukant Yadu (Supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No.6892/03 by order dated 3/1/94, the petitioners may be entitled to same relief accordingly. Sd/- Manindra Mohan Shrivastava Judge Deepti