^. . ^f'fvo IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR^GJ WRIT PETITION fS-) N0. f^^l 0^2007 PETinONER »?i' ^y. ^y' ^y ^' RESPOJMDENTS Bhagwant Kumar Kashyap Son of Shri Hernan Singh, aged about 51 years, Assistant Teacher, Govt. Primary School Thelka, Block Saja, Education District Bemetara, District Durg (C.G.). VERSUS 1. State of Chhattisgarh, Through: The Secretary, Department of School Education, D. K. S. Bhawan, Raipur (C.G.). The Director, Public Instructions, Raipur (C.G.). 3. The District Education Officer, Education District Bemetara, District Durg (C.G.). 4. The Block Education Officer, Saja, ^y^^y/ • District Durg (C.G.). '%€ls^y . • WRLT_PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. 1950 FOR ISSUANCE OF.;WRIT IN THE NATURE OF CERTIORARI. MANDAMUS ETC. AND FOR APPROPRIATE ORDER/ORDERS. DIRECTION/DIRECTIONS. .^s::s"~^?:ate^ y ^'^^ •%f-%-~,~^i,. y .'&"' '" "' ^??.^ ''^. ^ "i!i5saiiS8M«SSi:' ^%^i%^^IS^^^.I&.iSggiS^^feiS@si^®W^^s^ ^^^S^^^iSS^-^^'^Bsi HIGH COURT OF CHHATTiSGARH AT BILASPUR W. P.fS'.No.l 241 of 2007 Peffltoner -Versus- ndents Bhagwant Kumar Kashyap State o? Chhattisgarti & others B: Hon'bte Mr. Justice Satish K. Agnihotri, J Present: Shri P. P. Sahu, Advocate for the petitioner. Shri Satish Gupta, Deputy Govt. Aiivocate for fte respondents. ORDER (Passed on this 2"" day of Mareh, 2007) 1. The petitioner was appointed as AssisSant Teacher on fixed pay of Rs. 1K)/- on 21.6.1982. After comptetion of two year's probation, he v/as granted regularpayscate. 2. Leamed counss! appearing for the peStionsr submits that the issue involved in the case is asto whether the petiSioner is entitied to regular pay scaie w.e.f. the date of initial appointment or from the date of compteSion of probaton PSriOd. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribuna!, Jabaipur in O.A. No. 2745/89 (Madhukant Yadu and others Vs. State of M.P. & ofr.ers), whersin it v/as hetd that the similariy sifaiated teachers are entttled to regular pay scale w.e.f. the date of initial appointment. The matter was teken up to the Hon'bte Supreme Court in SpeciaS Leave PetJtion (Civil) No. 6892/93. The said petifon v/as dismissed by the Hon'bie Suprem®Court upholding She decision Qf the Tribunal to the effecS that from date of initial appointmenS. that She Teachers/Assistant Teachers are entitled to regular pay scate 4. Leamed counsel appearing for the petitioner further submHs that ttis Court, while considering the same issue in W. P. (s) 5976 of 200S (Sushil Tiwari & otiiere Vs. State Govt. of Chhattisgarh & others), whlch was ailowed vide order dafed 7 November, 2008, has granted reguiar pay scaie w.e.f. ttie date ofinitiaS appointment. 5. Leamed counse! appearmg for the parties iointly submit that this case is squarsly covered by the decision of Shis Court in She case of Sushi! Tiwari (Supra). 6. in view of that, tt^is petition is altowed in the same terms. No order as So ?k^t?+C; *^V^i&. Thakur Sd/- SatishK.Agnihotri Judge @ft-