.-is^s: ^ -^.^, !:K,,!!??.'E'!&"'^i %sesy ./ 3" ^" ..li'" w •'"•;' /^-^^' &• J HIGH COURT OF CHHATTISGARH AT BILASPUR WntPetition(S)No. 1171 of2009 Neelainber Rain Yadav, Age about 58 years, Headmaster S/o Shii Dhanurjay Ram Yadav Govt. Priinary School Banshibahar Block Kanshabel, Distt. Jashpur (CG). iTS : 1. State Govt. of Chhattisgarh Throu.eh the Secretary, Education Department, DKS Bhawan, Raipur (CG). 2. The Distt. Education Ofiicer, Jashpur, Distt. Jashpur (CG). 3. Block Education Officer Kanshabel. Distt. Jashpur (CG). 4. Treasuty Account & Pension Jashpur Distt. Jashpur(CG). (WRIT PETITION U-NDER ARTICLE 226 OF •IHE CONS'nTUTION OF INDL4.) (SB: Hon'Me Mr. Satish K. Agnihotri, J.) Present : Sliri Somkant Verma, Advocate for the petitioner. Shri M.P.S. Bhatia, Deputy Govt. Advocate forths State. (Pas 28th day ofFebraary, 2009) ^ 2. The petitioner was appointed as Assistaut Teaeher on fixed pay ofRs. lOO/'. After completion ofprobation, the petitioner was granted regular pay scale. Leamed counsel appeal-ing for ttie petitioner submits fhat the issue involved iii the case is asto whether, the petitioner is entitled to regiilar pay scale w.e.f. the date of initial appomtment or after completion of probation 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur m O.A. No. 2445/89 (Madliukant Yadu and 56 others Vs. State of M.P. & Others), wherein it was held that the 6. similarly situated teaehers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to Hon'ble Supreme Court. The appeal was dismissed by the Hon'ble Supreme Court upholding the decision ofthe Tribunal to the effect ftiat the Teachers/Assistant Teachers are entitled to regular pay seale fi'om date ofinitial appointment. Leanied counsel appeariag for the petitioner submits that fhis Court while eonsidering the same issue ia Ram Kumai- Saliu and otliere Vs. State Govt. ofClihattisgai-h and anotlier iii Wrif Petition (S) No. 813 of 2007 by order dated 12.02.2007, has granted regular pay scale w.e.f. the date of initial Leamed counsel appearing for tiie parties jomtly submit that fhis case is squarely covered by the decision of this Court in fhe case of Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and aiiother (Supra). However, tlie state is at liberty to verify tlie tacts of appointment asto whetlier the case of tiie petitioner is similar to fhat of the order dated 12.02.2007 passed bytiiis court m W.P. (S) No. 813 of2007 (Supra). In view of tlie above, this petition is disposed of. Hov/ever, libertv is resen'ed to the petitioner to make appropriate application befbre tlie coacemed authority, it'so advised, for consideration ofliis case in the liglit of judgmeiit and order dated 12.02.2007 passed by this court iii W.P. (S) No. 813 of2007 (Supra) . No order asto costs. —— — Satish K. Agnihotri Judge Sany