9faef3i) e ?.<'i^T'n*f!i' ^- 'n.ufit; •lifel^g. S^B.sr'E- U-iSiff 1 c^ t^> IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG) WRIT PETITION (S) N0. ^SS/^QQJ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIOKOF INDIA, PETITIONERS ^.. ^ ^^ .:{'i •• a-li' ,y' .- '•-.€\'^"' ^ ^^y « •!• <' ^ ^\JWI» K> -3 ?^^\ i|»lS.a.Ksushi!<_)s ^. 1. Makuensiyus Kerketta, aged about 47 years, S/o. Gabrial Kerketta, Assistant Teacher, Government Tribal Primary School Gotmahua, Bagicha, Distt. Jashpur (CG) (sl.no.11 of P-1 dt. 20.10.1989) ^2. Emanual Kujur, aged about 50 years, S/o. Benedikt Kujur, Assistant Teacher, Government Tribal Primary School Fuldeeh, Bagicha, Distt. Jashpur (CG) (S.NO. 37 of P-1, dt. 5.1.1987) Mohar Sai Ram, aged about 42 years, son of Shri Sukhu Ram, Assistant Teacher, Government Tribal Primary School Sonmuth, Bagicha, Distt. Jashpur (CG) (SL.N0.55 P-1 dt. 15.7.1987) ^A Ku. Benevikta Tigga, aged about 40 years, D/o. Pihus Tigga, Assistant Teacher, Government Tribal Primar/ School Fuladeeh, Bagicha, Distt. Jashpur (CG) (SL.NO. 70 in P-1, dt. 21.3.1989) 5 Rameshwar Ram, aged about 41 years, son of Shri Dashrath Ram, Assistant Teacher, Government Tribal Middle School Dobh, Bagicha, Distt. Jashpur (CG) (SL.N0.72 in P-1, dt. 15.7.1987) K ^ RESPONDENTS Kisun Ram Hansda, aged about 41 years, son of Shri Foklo Ram, Assistant Teacher, Government Tribal Primary School Tangardeeh, Bagicha, Distt. Jashpur (C.G.) (Individual order P-1 dt. 3.3.1990) VERSUS ^ 1. State of Chhattisgarh, through - Secretary, Department of Tribal Welfare, Dau Kalyan Singh Bhawan, Raipur (C.G.) , 2. The Assistant Commissioner, Deptt of Tribal Welfare, District Jashpur (CG) / 3. The Block Education Officer, Bagicha, Distt. Jashpur (C.G.) HIW COURT OF CHHATT[S6ARH AT BILASPUR W. P.(S) No. 988 of 2007 Petitioners : Makuensiyus Kerkethi and others Versus Respondents State of Chhatfrisgar+i ond others SB: Hon'ble Mr. Justice Satish K. Agnihotri. J Present: Mr. A.N. Bhakta, Advocate for the petitioners. y AAs. Sunita Jain, Panel Lawyer for tiie State/reqaondents. OR DER (Passed on this 21st Day of February, 2007) 1. The petitioners were oppointed in the year 1987 <nid 1989 as Assistant Teachers on fixed pay scale of Rs. 300/-. After completion of their probation, they were gronted regutar pay scale. 2. Leamed coun^l appearing for the petitioners submits that the issue involved in the case. is asto whether, the petitioners are entitled to regular poy scale w.e.f. the date of initial appointment or from the date of completion of probation period. 3. The issue involved, herein was considered by the Madhya Prodesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu cmd 56 others Vs. State of M.P. & others), wherein it wus held that the simitarly situated teachers are entitled to regular pay scale w^.f. the date of initial appointment. The matter was taten-up to -the Hon'ble Supreme Court. The appeal was dismissed by the Hon'ble Supreme Court upholding the decision of -the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regutar pay scale from date of initial oppointment. 4. Leamed counset appearing for the petitioners further submits that this Courl', while considering the same issue in Sushil Tiwou-i & others Vs. State 6ovt. of Chhattisgarh & others (W.P. (5) No.5976 of 2006) by order dated 7-11-2006, has granted regular pay scale w.e.f. the date of initial appointment. 5. Learned counsel appearing for the parties jointty aibmit that this case is squarely covered by the decision of this Court in the case of Sushit Tiwari & others Vs. State 6ovt. of Chhatt-isgarh & others (&ipra). YQgesh 6. In view of that this petition is allowed in the same terms. No order as to costs. Sd/- Satish K. Agnihotri Judge