ws^l^l^ HI&H COURT OF CHHATTISGARH AT BILASPUR Petitioner Respondents Petitioner Respondents Petitioner W.P. Csl No.7090 of 2008 Rafiq Ahmed Meman, S/o Abdul Sakur Meman, aged about 50 years, Assistant Teacher Government Middle School, Rajendra N090?, Bilaspur (CG). Vs 1.5tate of Chhattisgarh, Through Secretary, &epartment of Education, Mantralaya, D.K.S. Bhawan. bistrict Raipur (CG) 2. The Oistrict Education Officer, bistrict Bilaspur. 3. Block Education Officer, Belha. Distt. Bilaspur (CG) W.P. fsl No.U^aof2008 Shiv Singh Paikra, S/o Shri Budhwar Singh Paikra, aged about 48 years, Assistant Teacher, Tribal Welfare bepartment Primary School, Khodari, Block Podi-uprorda, bistrict Korba (CG). Vs 1. State of Chhattisgarh, Through Secretary, Education Department, D.K.S. Bhawan, District Raipur (CG) 2.The Commissioner, Tribal and Welfare Department, Raipur (CG). S.The Assistant Commissioner, Tribal <& Welfare Department, Korba (CG). 4. Block Education Officer, Podi- Uproda, District Korba (CG) W.P. Fs] No.7122 of 2008 Laxminarayan Sahu, Aged about 52 years, S/o Shri Phagulal Sahu, Upper Division Teacher, Government Middte School. Lakhram, Block Bilha, District Bilaspur (C(5). Vs Respondents 1. State of ChhattiS9arh, Through Secretary, School Education Department, Mantralaya. D.K.S. _ _^__ ^^ ^ Petitioner Respondents Petitioners Bhawan, bistrict Raipur (CG) 2. District Education Qfficer, Bilaspur (CG) 3. Block Education Officer, Bilha, District. Bilaspur (CG) W.P. [s1 No.6716 of 2008 Smt. Tikeshwarj Verma,, age about 48 years, Head Master, w/o Shri Hanuman Singh Verma, New Govt. Primary School, Sadar Uttar. Block- bhamtari, bistt. Dhamtari (CG). Vs 1. State Govt. of Chhattisgarh, Through Secretary, Education Department, D.K.S. Bhawan, bistrict Raipur (CG) 2. District Education Officer, Dhamtari, bist. Dhamtari (CG). 3. Block Education Officer. Dhamtari, bist. Dhamtari (CG). 4. Treasury Account <& Pension, Dhamtari, Dist. Dhamtari (CG). W.P. [s1 No. 277 of 2009 1. Ashwani Kumar Patel, S/o Shn' Nirbhay Ram Patel. aged about 53 years, Head Master. Govt. H.S. School. Masaniya Kala, Block Sakti, bistt. Janjgir-Champa (CG) 2. Girish Kumar Sharma, S/o Ganga Prasad Sharma. aged about 51 years, Head Master, Primary School, Govinda, Block Bamnihdih, Distt. Janjgir-Champa (CG) 3. Ganga Ram Choudhary, S/o Shn' Chitki Ram Choudhary aged about 56 years, Upper bivision Teacher, Govt. H.S. School, Masaniya Kala, Block Sakti, Distt. Janjgir-Champa (CG) Vs Respondents 1. State 6ovt. of Chhattisgarh, Through Secretary, Department of Education, Mantralaya, &.K.S. Bhawan, Raipur (CG) 2. District Education Officer. bistt. Janjgir Champa (CG). ______-A.— p^t^^:' ^o ^^^&^^^ ^y^"v^k ^ ll^sir^ 1 ^^^^ ^ ;>'^&^^ Petitioner Respondents ..(^- ^; Petitioners Respondents ^ Petitioners W.P. [s] No.266 of 2009 Smt. Manju Ghosh, W/o Shri Anoop Kumar Ghosh, aged about 55 years, Upper Division Teacher, Government High School, Rajendra Nagar, Bilaspur, Block Bilha, Tahsil <& District Bilaspur (CG) Vs 1.5tate of Chhattisgarh, Through s Secretary, Education Department, D.K.S. Bhawan, t^istrict Raipur (CG) 2.The Assistant Commissioner, Tribal and Welfare bepartment, Bilaspur (CG). S.&istrict Education Officer, Bilaspur (C.G.) 4. Block Education Officer, Bilha. District Bilaspur (CG) W.P. [s1 No.6204 of 2008 1. Ramavatar Rathore, S/o Late Shri Laxman Prasad, aged about 52 years, Upper bivision Teacher, Govt. Middle School Town, Champa, Block Bamhnidih, Distt. Janjgir-Champa (C<5) 2. Shiv Shankar Thawait, S/o Shri Thanda Ram Thawait, aged about 56 years, Head Master, Govt. Middle School, Pendri (Janjgir), Block Navagarh. Distt. Janjgir- Champa (CG) Vs 1. State Govt. of Chhattisgarh, Through Secretary, Department of Education, Mantralaya, D.K.S. Bhawan, Raipur (CG) 2. The District Education Officer, Distt. Janjgir Champa (CG). W.P. Fs1 No.6219 of 2008 1. Anand Prasad Sharma, S/o Late Shri Amrika Prasad Sharma, aged about 54 years, Upper Division Teacher, J.D.M. Govt. H.S. School Town, Saragaon, Block Bamhnidih, Distt. Janjgir-Champa (CG)^--A—— 4-\ Vs Respondents Petitioner Resoondents Petitioners 3. P.S. Yadav. S/o Shri Late Nanki bau Yadav, aged about 49 years, Lecturer, Political Science at District Education and Training Institute (DIET), Janjgir. Btock Navagarh. bistt. Janjgir-Champa. 1. State Govt. of Chhattisgarh. Through Secretary, bepartment of Education, Mantralaya, D.K.S. Bhawan, Raipur (CG) 2. The bistrict Education Officer, bistt. Janjgir Champa (CG). W.P. Fs1 No.6685 of 2008 1. Claudius Kujur, S/o Shri Gabe Kujur Age about 58 years, Janpad Primary School, Regari. Block Kunkuri, Oistt. Jashpur (CG). 2. Hairmon Ekka, S/o Shri Mathiyas Ekko, age about 45 years, U.O.T.. Govt. Middle School, Kudmura, Block Bagicha, Distt. Jashpur (CG) Vs 1. State Govt. of Chhattisgarh. Through Secretary, Education <& Tribal Department, D.K.S. Bhawan, Oistrict Raipur (CG) 2. Assistant Commissioner, Tribal Welfare Oepartment, bistt. Jashpur (CG) 3. bistrict Education Officer, Dist. Jashpur (CG). 5. Block Education Officer, Block Bagicha/Kunkuri, bist. Jashpur (CG). 6. Treasury Account <& Pension, Jashpur. Distt. Jashpur (C&). <& W.P. [s] No.4125 of 2008 i. Chetan Lal Verma, S/o Awadh Ram Verma, Age about 55 years, Government Middle School, Somni, Block Patan. District Durg (CG). 2. Bhagwan Bhaskar Sawrani, S/o Madhumangal Prasad Sawarni, Age about 54 years, Assistant Teacher, Government Middle School. Patan, District burg (CG). ^y^ •^ 3. Punaram Verma, S/o Shri Balwant Ram Verma, Age about 59 years, Assistant Teacher, Government Primary School Chhata, Block Patan, C)istrict Durg (CG). 4. Thalendra Kumar Meshram, S/o Shri Kripa Shanker Meshram. Age about 55 years, Assistant Teacher, Government Middle School, Karela, Block Patan, District Ourg (CG). 5. Loknath Yadav. S/o Shrl Raja Ram Yadav, Age about 58 years, Assistant Teacher, Government Primary School Onsar, Block Patan. Oistrict Durg (CG). 6. Ram Kumar Dwivedi, S/o Panna Lal bwivedi, Age about 53 years, Assistant Teacher. Government Primary School Raveli, Block Patan, District Durg (CG). 7. Heera Lal Sahu, S/o bukhu Ram Sahu, Age about 54 years, Assistant Teacher, Government Middle School Soram, Block Patan, District burg (CG). 8. Vishnu Kumar Verma, S/o Shri Bhulau Ram Verma, Age about 54 years, Assistant Teacher, Government Middle School, Santara, Block Patan, Oistrict Durg (CG). 9. Manohar Lal Sonwani, S/o Shri Parsadi Ram, Age about 56 years, Assistant Teacher, Government Primary School Unganiya, Block Patan, bistrict &urg (CG). 10. Sita Ram Dewangan, S/o Toran Lal Dewangan, Aged about 57 years, Assistant Teacher, Government Primary School Akhra, Block Patan, District burg (CG). ii. Chandrika Prasad Thakur, S/o Jhadu Ram Thakur, aged about years, Head Master, Primary School, Dhorbhata, Block Patan, District Durg (CG) 12. Ghanshyam Prasad Verma, S/o Thakur Ram Verma, aged about 55 ..-^•-•-•••"^.^, /-yy\ ^ Vs Respondents years, Assistant Teacher, Government Middle School, Khamariya, Block Patan, bistrict Durg (CG). 1. The State of Chhattisgarh, Through the Secretary, School Education, Mantralay at &.K.S. Bhawan. Raipur (CG) 2. The Director, Public Instructions, Chhattisgarh, Raipur (CG) 3. The bistrict Education Officer, burg (CG). Present: Mr. K.S. Pawar. Adv. for petitioners in W.P. (s) Nos.7090/08, 7122/08,266/09. ^r. D. Mishra, Advocate for petitioner in W.P. (s) No.1653/08. Mr. Somkant Verma, Adv. forpetitioners in W.P. (s) Nos.6716/08, 6685/08. Mr. A.S. Rajput, Adv. for petitioners t'n W.P. (s) Nos.2^7/Q9, 6204/08.6219/08. Mr. S.K. Thomas. Adv. for petitioners in W.P. (S) No.4125/08. Mr. Y.S. Thakur, beputy Advocate General for the State in all the above petitions. ORAL ORbER (Passed on 20.1.2009) bhirendra Mishra. J; 1. The above petitions are being disposed of by this common order, as common question is involved for adjudication in the above petitions. 2. The petitioners are working as Deputy Teachers, Teachers <& Assistant Teachers in the schools of t)epartment of School Education of the State Government. They were appointed on probatipn for fixed period and fixed salary by the respondents. Their services were regularized after completion of probation period and they were granted regular pay scale from the date of their regularizatlon. The issue involved in these petitions is whether the petitioners are entitled for regular pay scale from the date of their initial appointment or from the date of their regularization? ,'^^k. v^ 4,^ 1 ^; 1.. %. ^^ ^'^ ^^^^^'' y 3. Learned advocates appearing for the petitioners submit that the above issue has been considered by the M.P. State Administrative Tribunal, Jabalpur in O.A. No.2745/89 between Madhukant Yadu and 56 others Vs. State of M.P. and others, whereby it was held that similarly situated teachers are entitled to re9ular pay scale with effect from initial date of their appointments. The above matter was taken-up upto the Hon'ble Supreme Court and the Hon'ble Supreme Cpurt vide order dated 3.1.1994 dismissed the S.L.P. (c) No. (2) 6892/93 preferred by the State Government. It was further argued that the School Education Department, Government of Chhattisgarh vide Circular dated 21.6.2007 has granted approval to pay regular pay scale to all the Deputy Teachers, Teachers <& Assistant Teachers, who were appointed between 1982-83 to 1995. from the date of their initial appointment, after their successful completion of probation period. It is further submitted that case of the petitioners is squarely covered by the order of this Court dated 12.2.2007 passed in W.P. (s) No.813/07 between Ram Kumar Sahu Vs State of Chhattisgarh <& another where regular pay scale was granted with effect from the initial date of appointment. 4. On the other hand, Mr. Thakur, learned beputy Advocate General appearing on behalf of the State of Chhattisgarh contended that the School Education Department, Government of Chhattisgarh vide circular dated 21.6.2007 (Annexure R-l) decided to grant regular pay-scale to the Deputy Teachers, Teachers <& Assistant Teachers, who are appointed between 1982-83 to 1994-95, from the date of their initial appointment. Subsequently, vide circular dated 13.1.2009 (Annexure R-2) the benefit granted to the above teachers has been further extended to the teachers who were appointed before 1982 and even the teachers who were appointed after 1995 and in view of the above circulars, the petitioners are ^),s also entitled for regular pay scale from the date of their initial appointment. 5. Having heard learnedcounsel for the parties, having regard to Circular No.F-18-1/20/2005/ Raipur dated 21.6.2007 (Annexure R-l) <& Circular No.FlS-81/2005/20-Do Raipur dated 13.1.2009 (Annexure R-2) issued by the School Education Department, Government of Chhattisgarh and decision of this Court dated 12.2.2007 passed in W.P. (s) No.813/07. the petitions are allowed and it is directed that the petitioners shall be paid regular pay-scale from the date of their initial appointment. However, this order shall be subject to all verifications made by the State regarding facts pleaded in the petition. 6. No order as to costs. 7. A copy of this order be kept in all the above writ petitions. Sd/- Dhirendra Mishra Judge Roshan/