c ^ °> €s^1 IN THE HON'BLE HIGH COURT OF CHHATTISGARH _AT BILASPUR W.P.(S)NO. <z>3^0 /2010 PETCTIONERS ^^.... ^w ^w .-^YV/ ^ s v 4'7 y '%ss "^y ^^^^^" ^" 1. Jaikaran Ram Paikara, S/o Shri Jethu Ram, aged about 50 years, Head Master, Govt. Primary School, Vishunpur, Block Batouli, Distt. Sur9uja {C.G.} 2. Teju Singh, S/o Shri Sant Ram, agcd about 51 years, Head Master, Govt. Boys Primary School, Mangari, Block ,. Batouli, Distt. Surguja (C.G.) 3. Dhan Sai Ram, S/o Shn' Dil Sai Ram, aged about 50 years, Head Master, 6ovt. Primary School Parwatipur, Block Lundra, Distt.Surguja (C.G.) 4.; Ramesh Singh, S/o Late Shri Chowki Ram, aged about 52 years, Head Master, ^ovt. Middle School, Lamgaon, Block Lundra, Distt. Surguja (C.G.) 5. Virendra Ram, S/o Late Shri Meghnath Ram, aged about 51 years-, Head Master, Govt. Boys Primary School, Bansajhal, Block Batouli, Distt. Surguja.(C.G.) ro T 6. Shiv Mangal Singh, S/o Late Shri Chandan Ram, aged about 52 years, Head Master, Govt. Primary School, Jarhadih, Block Batouli, Distt. Surguja (C.G.) 7. bharam Sai, S/o Shri Mohnaram, aged about 49 years, Hcad Master, Govt. Primary School, Kerakachhar, Block Ambikapur, bistt. Surguja (C.G.) 8. Haril 5ai, S/o Shri Sudhan Ram, aged about 53 years, Head Master, Govt. Primary School, Pathrai, Block Batouli, Distt. Surguja (C.G.) '%. %; ff%Sfsyssi yy^ym^ y,€ RESPONDENTS 'y VEERSUS 2. State of Chhattisgarh Through :- The Secretary, Education bepartment, D.K.S. Bhawan, Raipur (C.G.) Director Public Instructions, Chhattisgarh Govt. Raipur v\ 3. District Education Officer, Distt. Surguja (C.G.) WRIT PETITION UNDER ARTC(:LE 226 OF THE CONSTITUTION OF INDIA. ^ HIGH COURT OF GHHATTISGARH s BILASPUR Sinale BenchLHon'bfe Shri j^aRlndrarMohan Shrivastava^ J, ^ WRIT PEnTlONIS) N0.33800010 ^E-CTTIONER RESPONDENTS Jaikaran Rann 15aiiNara & othere Vereus State of Chhatti^iarh and others WRIT PETITION UNENER ARTICLE 228 CW THE CONSrTUTIQN OP INDIA Present: - Shri A.S.Rajput, (^unsel forthe petitioners. Shri Bhaskar Payasi, Panel Lawyer for ttie Stat®. ORALQRDER (Passedon 9th July,2010) 1. The petitioners were initiatly appoii'ited as /teslstant Teacher on a fixed pay of Rs.150/-. After completton of his probation, he was granted regtiriar pay scaleofRs.169-300/-. 2. Leamed counsel appearing for ttie petitioneis submits ®iatttie tesue invoh/ed in the case is as to whether, the pefitionere are wrtttted to regular pay scate with effect from tt»e date of initial appointment or after comptotion of probation period. 3, The issue invoh/ed herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in OA.No.2745/89 (Madhukant Yadu and §6 othere v. State of M.P. & others), wherein it ws®held that ttie simjlariy sltuatect teachers are entitted to regular pay scate wlth effect from the date of tnitiat appointment. The matter was taken up to the Honr'bto Suprwne Court. The appeal was dismissed by the Hon'ble Supreme Court upholding the decteion of ?%^^.-.-- 'r-- ^ iIliI^^]%%l^%SiiIlt^^ <AM ttie Tribunal A& the effect that th®Teachws/^sistant T^uebers aiieflftntittecN& » s r^ular pay scate from the date of initial appointment. 4. Leamed counsel appearing for fhe peBtioners furtheF sutwnite thatlhte » Court, white considering the same issue In Ram Kumar Sal%t & ottieisi v. State ^ Govt. of Chhatti^arh & another, W.P.(S).No.813 of 2007, by orctei" dated, r 12/02/2007, has granted r^ular pay scale with elfect frein the date <^ inttiak f? appointenent. 5. Learned counsel appearing fbr the pariHes jointty subniik ttiat th^cs®eis ; ^.•l.,l.,.-'<•••. ••-.-.:-•.• ^•:.-^,. •• .^-...^-:-. •':.....•'.-;.^ ^•: .„ squarely covered bythe decision ofthis Court In the case of f^im Kumar Sahu & , Othere v. Staie Govt. of Chhattisgarh& anottier (supra). 6. In view of that, this petition is allowed on tti®same tMnw, sutijwyt t& verificationofthefaGte. No orderas to crots. r Sd/- Manindra Mohan Shrivastava Judge Owplt