(^^ ^^•S'^-s/- ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR 's, '•* / WRIT PETITION fSI No. /2007 PETITIONER ^^y ^^ ..-•" '<<^ ^ ^caMy/^^ ^ -- - ^'^ ';7~<^&. '.'.. ' // ^fnwy-^ 1. Gopal Ram Verma S/o Shri Rampyari Verma, Aged about 46 years, R/o Villlage- Murtarai,P.O.-Kopra Tahsil- Rajim, District-Raipur (C.G.) Posted as Assistant teacher at Government Middle School Thelkabandha, Abhanpur, .District Raipur, C.G. /'2-. Tameshwar Kumar Dhritlahre S/o Shri Sapat Ram Dhritlahre aged about 42 years, R/o Village-Gatapar, Post-Abhanpur, Distcit-Raipur (C.G.) Government Middle School Thelkabandha, Abhanpur, District Raipur, C.G. Chandrahas Sahu S/o Salik Ram Sahu, Aged about 47 years, R/o Village-Phurera, Post Office- Sirri, District-Raipur (C.G.) Posted as Assistant teacher at Government Primary School Girola Block, Abhanpur, District •Raipur, C.G. / 4. 5. Gajadhar Prasad Sahu S/o Shri Nirbhay Ram Sahu Aged about 47 years, R/o Village-Palaud, Post-Tikari (Julum), Distcit- Raipur. (C.G.) Posted as Assistant teacher at Government Primary School Kharia Block, Abhanpur, District Raipur, C.G. ¥-*^ Mahboob Khan Quarshi S/o Bashir Khan Quareshi, Aged about 46years, R/o Village- Amdi, Post-Parsada Vidhya Mandir Via- Abhanpur, District- Raipur. (C.G.) Posted as Assistant teacher at Government Primary School Bhatgaon, Block, Abhanpur, District Raipur, C.G. VERSUS RESPONDENTS ^ 1. State o.f Chhattisgarh Through the Secretary, School Education Department, Mantralaya, D.K.S. Bhawan, Raipur (C.G) ^2. District Education Officer District Education Office, District Raipur .(C.G.) ^3.'&lock Education Officer Block ^ducation Office, Abhanpur, District Raipur, (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OF INDIA HIGH COURT OF CHHATTISQARH AT BILASPUR W. P. (s) No. 652 of2007 Petitioiier : Gopal Ram Verma & ofhera Versus Respondents State of Chtaattisgarh & ofhers Sin^ie Bench: Hon'ble Mr. Justfce Satfah K. Aeiihottl. Shri Jitendra Gupta, Advocate for the pctitiDners. Miss Sunita Jaiu, Panel lawyer for fhe State/respoiuients. ORDBR ( Passed on this 5th day of Pebniaiy, 2007) Leamed couasel E^ipeariag &r tfae petitioners sabinits that the petitk»neiswere appoiated on the post crf A^istaat Teacher. The petttioner No. 1 Gopal Ram Verana was appointed vide order dated 11.2.1985 (Annexure P/ l) &r a period oftwo ycara on fixed pay of Rs. 300/- p.m.., petitioiier No.2 Tameshwar Kumar Dhriflahre was appointed vide oxder dated 25.1.1989 (AnHfixuic P/2) fi>r a period of one year on fixed pay of Rs. 300/- p.na., petitioiier No.3 Chandrahas Sahu was appointed vide oider dated 26.9.1982 (Aiuaexure P/3) for a period oftwo years on •fixed pay ofRs. 150/- p.m., petitioner No.4 Gqadbar Prasad Sahu was apptwnted vide order dated 1.7.1986 (Aanexure P/4) on fixed pay of Rs. 300/- p.m.. aDd petitioner No.5 Mahboob Khan Qureshi was appointed vide order dated 28.11.1985 (Annexiue P/5) ou a fuced pay of Rs. 300/- p.in. It is furfher submitted by learaed coansel for fhe pcti.txmer fhat durmg the probatioa period fhe petttioners were only paid fhe fixed salary, fhoi^h fhey were entitted to gct monthfy piyment on fhe basis ofregular pay scafe during fhat period. 3. Leanued counsel for the petituners placed icliancs on a decision of fhe Madhya Pradesh State Adiniiristrative Tribunal passed on 24.8.1992 m O.A.NO. 2745 of 1989 ( Madhutant Yadu and 56 others Vs. State of M.P. & ofhers). In that case fcam.ed Tribuaaal afier having coasidered the facts aad circumstauces of ffae case directed fhe respondcnts to make payment ofsalaiy ia fhe regular scate of pay along wifh aU appUcable aUcwanccs fipom the date of appointment ofthe petitfoners. 4. Leamed counsel for fhe pctitioners aJso placcd reliaace on the order dated 23. 3. 2006 passed by ttus Court ia Writ Pttition No. 2577/2003 (Nem Singh Thakur and ofhers Vs. State of Cbhattisgarh & ofhera) and submits that the question of law aiid fhe facts involved iu this petition are similar to fhat ofia fhe cascs cited above. Leamcd counsel appearing for the respondents fairfy concedes and agrees wiffa fhc submission made by the petitionera. 5. In view of the abtwe fhis petition stands disposed of in terms of the order dated 24.8.1992 passed m O.A.No. 2745/1989 (supra) and the order dated 23. 3. W06 passed by fhis Court in Writ Petitfon No. 2577/2003 (supFEQ. No order as to costs. Thakur Sd/- Satish K. Agmhotri Judge