!^^S-». ,-Si-' SSSMS'IU 'SstM'itn 1 C1/' IVQ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.l(S) ^ .61[£, W.PMTo.........t..':i.^......./2007 PETITIONER: ^•M--''~ ^^y> >°'' -i^'f ^•'^0^ jlemant Dewangan S,/p- Late Shri S. N. Dewangan , Aged 40 year's Working as Asst. Teacher (Tribal Department) at Govt. Middle School, Mongrapal, Jagdalpur, Dist Bastar (C.G.) >y &" .^y'1 ^ .11' ^•' ^' ^~ . .. ^<0>-" VERSUS 'RESPONDENTS l^-'State of Chhattisgarh through the Secretary Tribal Welfare Department D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) ^ ? (^^ ^.f-^'^L^^ ^^" t' o 2. Commissioner, Tribal Welfare Department, Pt.Ravishankar Universiiy campus, Raipur (C.G.) 3<' Asst. Commissioner, Tribal Welfare Department, Jagdalpur Distt. Bastar (C.G.) PETITION UNDBR ARTICLES 226 OF rgE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT OF MANDAMUS AND CERTIORARI ETC. OR DIRECTION/ORDER OF LIKE NTURE ETC :- HI6H COURT OF 0*MTnS6ARH AT BILASPUR W. P.(S) No. 945 of 2007 Petitfoners ; Hemant Dewangan Versus Re^pondents State of aihatt-isgarh and others SB: Honfcte Mr. Justice Satish K. <4grolwW. J Present: Mr. Atenoj Chauhan, AdvocutB for tfae petH-ioner. Ms. Sunitn Jain, Ponel Loaiiyer for Slate/respondents. OR&ER (Passed on -this 20th Doy of February, 2007) 1. The petitioner was fl^winted on 13.1.1987 as Assistant Teacher on fixed pey scale of Rs.300/-. After completion of one year probation, they weregranted re9ular pay scate of Rs. 975-1650/-. 2. Leamed counsel appearing for •the petitioner submits •that •the issue involved in the case is usto whe-rtier. •fhe petitioner is entitled to regular poy scate w.e.f. the date of initial cppointroent or after compktion of probation period. 3. The isaie involved, herem was considered by -rtie Machya Pniderfi Sta-te ^dministratwe Tribuna), Jabatpur in O.A. No. 2745/89 (Atedhutoit Yadu ond 56 others Vs. State of M.P. A o-thers), wherein it was held that the si'mikirly situated teachers are entitted to regutar pay scale w^.f. •tiie date of initial aj^wintment. The mort-ter was •hofeen-up to •fhe Hon'ble 5upreme Court- in 5peckil Leme Petition (CiviO No. 6892/93. The said petition tius dismissed ^e) '^ by the Hon'ble Supreme Court' upholding the decision of the Tribunal to the effect that -the Teachers/AssistBnt Taachers are entitled to regular poy scate from datte of initki) appointment. 4. Leamed counsel appearirq for the petitioner furrtter submits thort- this Court', while considermg the same issue m Sushil Twirari A others Vs. State 6ovt. of Chhattisgarh d olhers (W.P. (S)No. 5976 of 2006) by order dated 7-11-2006, has gronted regular pay aate w.e.f. the (fcrte of mitial c^iointment. 5. Leamed counsel appearing for the parties Jointly submit that this case is squarety covered by the decision of this Court- in the case of Sudiil Th»ari & olhers Vs. Stort®6ovt. of Chhatti^arh d o^vsrs (Supra). 6. In view of that this petition is allowed in the snme tenns. No order as to costs. Sd/- Satish K. Agnihotri Judge