@é’ 1 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR [CHHATTISGARHJ WRIT PETITION (S) Nay/$42010. PETITIONER: // Dev Prasad Dswangan, son of Ram Kishun Dewangan, aged about 41 years, working as Upper Division Teach6r, Govt. Middle School, Aantargaon, Block Churia, District Rajnandgaon, Chhattisgarh. Versus Respondents / 1. State of Chhattisgarh, Through The Secretary School Education Department, D.K.S.Bhawan, Raipur, Chhattisgarh. District Education Offlcer, Rajnandgaon, District Rajnandgaon, Chhattisgarh. Joint Director, Treasury, Accounts, Rajnandgaon, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA % RESPONDENTS WRIT PEHTION UNDER ARTICLE m OF THE CONSBTUImN OF INDjA Present: - Shri K.S. Pawar, counsel for the petitioner. Ms. Smita Ghai, Pane! Lawyer for the Slate. QRAL ORDER (Passed on 12‘“ July, 2010) 1. The petitioner was appointed as Trainee Teacher on probation on a fixed pay of Rs.1DOI- and after compieiion of basic training, he wa$ granted reguiar pay scale of Rs.1 69-30%. 2. Leamed counsel appearing for the‘ petitioner submits mat the issue invoived in the case is as to whether, the petitioner is emitted to regular pay scaia 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 Administrative Tribunal, Jabalpur in O.A.No.2745l89 (Madhukant Yadu and 56 others v. State of MP. & others), wherein it was held that the similariy situated teachers are entitled to reguiar pay scale with effect from the date of initial appointment. The matter was taken up to the Hon’ble supreme Court. The appeal was dismissed by the Hon'ble $u'preme Court upholding the decision of PETiTlONER the Tribunal to the effect that the Teachers/A8sisiant Teachers are entitled to regular pay scale from the date of initiai appointment. 4. Learned counseiv appearing for the petitioner further submits that this Court, white considering the same issue in Ram Kumar Sahu & others v. State Govt. of Chhattisgarh & another, W.P.(S).No.813 of 2007, by order dated ‘‘12/02/2007, has granted reguiar pay scare with effect from the date of initial appointment. 5. Learned counsel appearing for the petitioner further submits that now the State Government has also issued a circuiar on 131011'2009whereby it has been ordered that all the Deputy TeacherslAssistent Teachersi Teachers appointed before 1982 and after 1995 on a fixed pay, shalt he entitled to regular pay scale from the date of appointment and increments during the probation period, in the event, they have successfuliy completed two years of probation. 6. Leamed-counsei for respondents submits that if the petitioner makes such representation to the authorities, the same shalt be considered and decided in accordance with law. 7. In View of the above statements, this petition is dnally disposed off. if the petitioner makes‘representation to respondent No.2, ctaiming relief as prayed in this petition, the same shall be decided by respondent No.2, in accordance with law. Q4i>l ,1 ,3 Sdl“ owl; 4a ”M Manindra Mohan Shrivastav: i: ‘ Judge y 7