063 Z’ae/ia 6D 3a§xm~LE gEMcH IN THE HIGH COURT OF CHHATTISGARH AT BILASPU w. P (S) No. 7234 OF 2009. PETITIONERS I ‘ : L/Nammu Ram Sahu ‘ S/o. late Shri Jagat Ram Sahu, aged about 58 years, Head Master Govt Pnmary School Samhertara ~ Dlstrlct Ralpur (C G ) 2. Mahesh Ram Dhruv, S/o. late Shri Bhukhan lal Dhruv, aged about 59 years, Head Master,‘ ' GoVt'. Primaxy SchoolGunderdehi, District Raipur (C. G.) ' V E R St U S / r RESPONDENTS :1. State of Chhattisgarh, Through : The Secretary, Tribal Welfare. Department, D.K.S.r Bhawan, Raipur (Cr. G.) 2. District Education Officer, Raipur, Distt. Rai 3. ‘ Block Education Officer, ‘ rFingeshwar, Distt. Raipur (C.G.) ‘WRIT, PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R pli \ HIGH COURT OF CHI-IATTISGARH AT BILASPUR WRIT PETITION (S) No. 7236 of 2009 PETITIONERS : Nammu Ram Sahu & another. VERSUS RESPONDENTS : State of Chhattisgarh & others. WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Somkant Verma, Advocate for the petitioners. Shri Pankaj Shrivastava, Panel Lawyer for the State/respondents. ORDER ORAL \ (Passed on 11 day of December, 2009) t With the consent of the parties, the matter is taken up for hearing finally. 1. The petitioners were appointed as a Teacher on a fixed pay of Rs. 100/—. After completion of their respective probation period, they were granted regular pay scale. 2‘ Learned counsel appearing for the petitioners submits that the issue involved in the case is asto whether, the petitioners are entitled to regilar pay scale w.e.f. the date of initial appointment or after completion ofprobation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of MP. & others), wherein it was held that the similarly \ / l situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to 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 date of initial appointment. A 4 l apr for t tine al subms t t cout, Whil . Learned counse peaing he petiors so it hat his r e nderg t m in a Saz & h . State of cosiin he sae issue " Amr ' Ram oters , Vs \hhattisr hers .P. ( o.70 oe 01., owed he titrs to a eron alon i c of the t d nnexures it pr of en day rin l th iances Cgah & ot [W S) N425/206] by rdr dated .092006 all t peione make rpesentati g Wth opy petiion an a whin a eiod t s, asig al eir grev and in n the concerne espnt was irect o i rereti n' tur d ronde ded t decde the psenaton i an ive nner Win a eriod ys rh dte rp t, ~ r r rprseio eentatn. 95. Accdl th pettioer d rt t me eesnttin iing oringy, e ins are grante libey o ak a rpreao ras their ievn d in u, e corne red is rce i all graces an trn th nced sponent dietd to decde ’ resttio ny, i crdancei , t o merit, ithin o ks m t e snion. \ “6. In,view of the fogoing, ts petiton s diosed of. No orer t csts re hi i i sp d aso o. / n d ‘ Satih K Anlhotrl\ s g ‘ I l ; V ]- Judge object ma ith p of 30 da fomte a of eceit of he w ' the repenan, if a n aco'wth law on is wn s w a \ "period f 8 wee fro he date of recipt ofthe repreetat 1 I l i ads . _ i4