I \qk’ _ q/ .. fig...” 0 § (IX 1% N THE HIGH COURT OF CHHATTISGARH AT BILASPUR ICHHATTISGARI-l) WRIT PETITION (S) N0.3L(3\ /201o. PETITIONER: [I Shyamta Prasad Shrivas, son of Sohan Lal Shn‘vas, aged about 5'4 years, working as P.T.I. at Govt. \O"':(e‘ o Higher Secondary School, Takhatpur, " D1stnct Bllaspur, C.G. a WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA / 1 pADrNrxnr .n-u~ A“, / Versus Resg'ondents / 1. State of Chhattisgarh, Through The Secretary sehool Education Department, D.K.S.Bhawan, Raipur, a“25%a Chhattisgarh. a District Education Offlcer,‘Bi1aspur, District Bilasphr, Chhattisgarh. Joint Director, Treasury, Accounts, Bilaspur, Chhattisgarh. Single Bench: Hon’ble Shri Manindra Mohan shrivastava: J. WRIT PETlTlON (S) NO.3431I2010 PETmoNER Shyamta Prasad shrivas Versus State of Chhattisgafh and others RESPONDENTS . WRIT PETm9N pNnER ARTgcLE 226 OF THE cowsrrunon OF iNDtA Present: - Shr‘L K.S. Pawar, counsel for the petitionei. Ms. Smita Ghai, Panel Lawyer for the sate. gRAL dianga v (Passed on 12‘“ July, 201 0) 1. The petitioner was appointed as Trainee Teacher on probation on a fixed pay of Rs.100l- and after completion of basic training, he wee granted regular pay scale of Rs.169-300l-. 4 2. Learned counsel appearing for the petitioner submits that the issue involved in the ease is as to whether, the petitioner is entitied to regular pay scale with effect from the date of initial appointment or after completion of probation period. 3. The issue involved herein was considered by the Madhya Pradesh State 4 Administrative Tribunal, Jabalpur in O.A§No.2745i89 ‘(Madhukant Yadu and 56 a others v. State of MP. & others), wherein it was heid that the similariy situated teachers are entitied to regular pay scale with effect from the date of initiai appointment. The matter was taken up to the Hon'bie Supreme Souit. The appeat was dismissed hy the Hon'bie $upreme Court upholding the decision of HIGH COURT OF CHHATTISGARH : BILASPUR / the Tribunai to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initiat appointment. 4. Learned counsel appearing for the petitiener further submits that this Court, while considering the same issue in Ram Kumar Sahu & others v. State Govt. of Chhattisgarh 8. another, W.P.(3).No.813 of 2007, by order dated . 12/02/2w7, has granted regular pay scale with effect from the date of initial appointment. 5. Learned oounsel appearing for the petitioner further submits that now the State Govemment has also issued a circular on 13/01l2009 whereby it has been ordered that all the Deputy Teachers/Assistant Teachers! Teachers appointed before 1982 and after 1995 on a iixed pay, shall be entitled to regular pay scale from the date of appointment and increments during the probation period, in the event, they have suooeSSfully completed two years of probation. n representation to the authorities, the same shall be considered and deoided in accordance with law. o. Learned counsei for respondents submits that if the petitioner makes such 7. in view of the above statements, this petition is tinaliy disposed off. if the , petitioner makes representation to respondent No.2, claiming relief as prayed in this petition, the same shall be decided by respondent No.2, in accordance with .&~x law. Sd/»- Manindra Mohan Shrivastaval Judge