~ gswwm:, ‘ ‘ H ‘ { 3mm 3mm: ‘ ‘ i ‘ I ‘ v > ‘ i I I INTHE HIGH COURT OF CHHATTISGARH AT BILASPUR £ w. P. (S) No. 1504 (JF 2010. Y / PETITIONER : Gaurl Shankar Chouhan S/o Shrl Kuber Smgh Chouhan ./,w' aged about 54 years, Head Master, Middle School Pusavand, Kanker, District Kanker (C. G.) VERSUS RESPdNDENTs ‘ :1. / .State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, _ D.K.S. BhaWan, Raipur (C. G.) / 2. Assistant Commissioner, Tribal Welfare Department, Kanker, District Kanker (C. G.)' / 3. Treasury Officer, ‘ Treasury Account and Pension, Kanker, District Kanker (C. G.) ' WRIT PETITION UNDER ARTICLE 226 OF THE . CONSTITUTION OF INDIA ‘ HIGH COURT OF CHHATTISGARH ATI BILASPUR ‘ WRIT PE'I 1TION (S) No 504 of b0 10 PETITHDNE‘R : (Jaun Shankar Chouhan. VERSUS RESPONDENTS : State of Chhattisgarh & Othm‘s. WRIT PETITION UNDER ARI‘ICLb 226 OF THE CONSTITUTION 01‘ I a 1 i I x SB Hon’ble Shn Satlsh K Agmhotrl, J , x Present: V 8hr; Somkant Verma Advocate for the petmoner Shn N N Roy, Panel Lawyer for the Statue/respondents ORAL ORDER (Passed on 03” day of February, 2010) W1th the consent 0t learned counsel appeanng for the partles, the peon 1s heard fmally Learned counsel appearing for the petitioner submits that the petitioner was appointed initially as Assistant Teacher on a lixed pay of Rs. 100/- on probation} Alter completion of probation period, the petitioner was gamed regular pay scale of Rs. 169-300/-; Shri Verma further submits that the issue involved in the case is asto whether the petitioner is entitled to regular pay scale with effect hom the date of initial appointment or after completion of probanon period The issue mvolved herem was consrdered by the Madhya Pradesh State Adnumstrative 'Inbunal, Jabalpur (for short “the SAT") 1n O.ANo.2745/89 (Madhuka’nt Yadu and 56 others vs. State ofM.P. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f the date of initial appointment. The matter was taken up to the Supreme Court. The appeal was dismissed by the Supreme Court, upholding the decision of the Tribunal to the eEect that the Teachers/Assistant Teachers are entitled to regular pay scale ham date of initial appomtment In View of the above subnussions made by learned counsel for the parties, the writ petition is disposed of in the same terms i.e., the petitioner is granted liberty to make a representation, if so advised, to consider his case on its own , merit and in its perspective. Ifvthe petitioner stands on the s e footings as per order passed by the SAT ’in Madhukant Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by order dated 3—1-1994, the petitioner may be entitled \to same relief accordingly. ~v£ Sd/- SATISH K AGN'H‘IOTRI I ., NDIA tm