ff -^ 1^-.^_ SINGtEBEMCH INTHEHIGHCOURtOF.IUDieATUREATBlLASPUR CHHATTISGARH W. P. (Sl No. 6C<2^ / 2008 PETITIONER "....-••. ^y- yishram Sin^h Chandra S/o Shri Bahorik Lal, aged about 54 years; Head Master, Govt. H.S. School Kachanda, Block Jaijaipur, Distt, Janjgir-Champa (G;G.) v VERSUS RESPONDENTS 1. Sfate.ofChhattisgrh, /Thrbygh - The Secretary Department of Educatien; Mantralaya, D.K.S. Bhawan RaiRiaF ;.<C;GOi:.,,:.'','.';;11.'^ 2y^ Distri^Bducatiioh Qffteer i Distt.iJanjgirGhampa (C.G.) | WRITPETITION UNDERARTICLE2260FTHEGONSTITUTION OF INDIA FOR illSSUANCE CiR SUlll^LB W DIRECTION ETC. T©DO JUSTKSE INSfl-IE MATTER. s< ^g- :;/'£^-t;.SA ^,«--.at '% ^- ^ -- ^ ^^ ^^3^ HI6H COURT OF CHHATTIS6ARH AT BILASPUR W.P. [s] No.7090 of 2008 Petitioner Vs Respondents Petitioner Respondents ^.~3: Petitioner Rafiq Ahmed Meman, S/o Abdul Sakur Meman, aged about 50 years, Assistant Teacher Government Middle School, Rajendra Nagar, Bilaspur (C6). 1. State of Chhattisgarh, Through Secretary, D^partment of Education, Mantralaya, D.K.S. Bhawan, District Raipur (C6) 2. The District Education Officer, Oistrict Bilaspur. 3. Block Education Officer, Belha, Distt. Bilaspur (C6) W.P. [s] No.USSof 2008 Shiv Singh Paikra, S/o Shri Budhwar Singh Paikra, aged about 48 years, Assistant Teacher, Tribal Welfare Department Primary School, Khodari, Block Podi-uprorda, District Korba (C6). Vs 1.5tate of Chhattisgarh, Through Secretary, Education Department, D.K.S. Bhawan, District Raipur (C(5) 2.The Commissioner, Tribal and Welfare Department, Raipur (.CG). 3. The Assistant Commissioner, Tribal & Welfare Department, Korba (C6). 4. Block Education Officer, Podi- Uproda, District Korba (C6) W.P. [s] No.7122of 2008 Laxminarayan Sahu, Aged about 52 years, S/o Shri Phagulal Sahu, Upper Division Teacher, Government Middle Schaol, Lakhram, Block Bilha, District Bilaspur (C6). Vs Respondents 1. State of Chhattisgarh, Through Secretary, School Education Department, Mantrajaya, D.K.S. SN f» :^asite-^'- \m^^S^-Si:.:i3^^S^S*SSl^ SKiss^att^^w^^'iiWdii^^'sltihS^.K-sa.'.'SSt.iaakC' K^S^K ($B¥'°3"'SiB^?**ia!"fiiSaE'as^ ; W.P. lsl No.266 of 200§ smf. Manju Ghosh, :W/o Shri Anoop Kumar Ghosh, aged :abouf 55 year-s, Upper Division Teacher, Governmenf Ra‘jendr‘a Nagar', High School, Bilaspur, Block Biflha, Tahsil & District Biiaspur (cei) Pei-ifioner Vs Respondents D.K.S. Bhawan, .The ssistant ‘ Commissioner Tribal and Welfare Depar’rmem‘, Biiaspur (CG). 3. Bilaspur (C.G.) 4. (CG) 2 h.) a, W.P. [s] No.6204 of 2008 Pefifioners Vs Respondents W.P. [s] Petitioners I Disfricf Educafion Officer, Block' Educafion Officer, Bilha, District Bilaspur (CG) 1. Ramavator Rathore, S/o Late Shri Laxman Prosad, -aged about 52 years, Upper Division Teacher, Govt. Middle School Town, Champa, Block Bamhnidih, Distt. Janjgir-Champa (CG) .Shiv Shankar Thawait, S/o 5hri Thanda Ram Thawaitraged about 56 years, Head Master, Govt. Middle School, Pendri (Janjgir), Block Navagarh, Distt. Janjgir— Champa (CG) .State Govt.’ of Chhattisgarh, Through Secretary, Department of Education, Mantralaya, D.K.5. Bhawan, Raipgr (CG) .The District Education Officer, Distt. Janjgir Champa (C6). No.6219 of 2008 .’Anand Prasad Sharma, S/o Late Shri Arniika Prasad Sharmapgged about 54 ,ye‘ars, Upper Division Teacher, J'.D.M. Govt. H.S. School Town, Saragaon, Block Bamhnidihp Distt. Jonjgir-Cham‘po (Ck K z 1. State of Chhattijsgorh, Through Secretory, Education Department, District Raipur A 3. P.$. Yadav, S/b Shri Lg‘re Nanki DaU'Yadav, agéd abou’r 49 years, Lecturer, Polii‘rical Science a1 Districf Educaition and Training Insfi’rufe (DIEIT), Janjgir, Block Nuvagar‘h, DisH. Janjgir-Champa. Vs 1. STm‘e Govt; of Chha‘rfisgarh, Through Secrie’rar'y, Department of Education,»Mantra|aya, D.K.S. Bhawan, RaipLir' (CG) 2. The District Education Officer, Distt. Janjgir Champa (CG). W.P. [s] No.6685 of 2008 1. Claudius Kujur, S/o Shri Gabe Kujur Age about 58 years, Janpad Primary $chool, Regari, Block KUnkuri, Distt. Jashpur (CG). Petitioner 2. Hairmon Ekka, S/o Shri Mathiyas Ekko, age about 45 years, U.D.T., Govt. Middle $chool, Kudmura, Block Bagicha, Distt. Jashpur (CG) Res pondents Vs 1. State Govt. r-of Chhattisgarh, Through Secretary, Education & Tribal Department, D.K.$. Bhawan, District Raipur (CG) Respondents .Assistant Commissioner, Tribal Welfare Department, Distt. Jashpur (CG) 3. District Education Officer, Dist. Jashpur (CG). .Block Education Officer, \Block Bagicha/Kunkuri, Dist. Jashpur (CG). 6. Treasury Account & Pension, Jashpur, Distt. Jashpur (CG). & W.P. [s] No.4125 of 2008 1. Chetan Lal Verma, S/o Awadh Ram i Verma, Age about 55 years, Government Middle School, Somni, Block Patan, District Durg (CG). . Bhag‘wan V Bhaskar Sawrani, S/o Madhurgiangal Prasad Sawarni, Age about ' 54 years, Assistant i Teacher, Government Middle $chool, Paton, District Durg (CG). N’qL—a Petitioners t §\'\‘ Punar‘am Verma, §5lo Shr-i Balwant Rum Verma, Age; about 59 years, Assistan’r Teacher, Governmem Primary School}: Chhafa, Block Pa’mn, District D]urg (CG). Thalendra Kumdtr' Meshram, S/o Shri Kripa Shanl<;er Meshram, Age about 55 yiears, Assistant Teacher, Government Middle SchouL Karelai, Block Patan, Loknath Yadav, é/c Shri Raja Ram Yadav, Age ajbout 58 years, Assistant Teacher, Government Primary School Onsar, Block Paton, District Durg (C6). Ram Kumar Dwivedi, S/o Panna Lal Dwivedi, Age about 53 years, Assistant Teacher, Government Primary School Raveli, Block Paton, District Durg (CG). Heera Lal Sahu, S/o Dukhu, Rom Sahu, Age about 54 years, Assistant Teacher, Government Middle School Soram, Block Paton, District Durg (CG). Vishnu Kumor Vermo, 5/0 Shri Bhulau Ram Verma, Age about 54 years, Assistant Teacher, Government Middle School, Santora, Block Paton, District Durg (CG). District Durg (CG) Sonwani, S/o Shri Parsodi Rom, Age about 56 years, Assistant Teacher, Government Primary School Ungoniya, Block Paton, District Durg (CG). Sito Rom Dewongan, S/o Toran Lal 10. Dewongon, Aged about 57 years, Assistant Teacher, Government Primary School Akhra, Block Paton, District Durg (CG). .Chondrika Prosad Thakur, S/o J'hodu Rom Thokur, aged about __.-‘years, Head Master, Primary School,v,.'Dhorbhata, Block Paton, Distriét Durg (CG) Ghanshyom Prosad Verma, S/o 12. Thakur Rom Vermo, aged about b5 . Manohor" Lal @ Presenf: Mr. K.$. Pawar, Adv. for peTifioners in W.P. (s) Nos.7090/08, 7122/08, 266/09. Mr. D. Mishra, Advocate for pefi’rioner in W.P. (s) No.1653/08. Mr'. SomkanT Verma, Adv. for pe’ri‘rioners in W.P. (s) Nos.6716/08, 6685/08. Mr. A.S. Rajput, Adv. for pefitioners in W.P. (s) Nos.ZZJ/Q9, 6204/08, 6219/08. Mr. S.K. Thomas, Adv. for petitioners in W.P. (S) No.4125/08. Mr. Y.$. Thakur, Deputy Advocate General f’or the State in all the above petitions. O R A L. O R D E R (Passed on 20.1.2009) Dhirendra Mishra, J: 1. The above petitions are being disposed of by this commo order, as common question is involved for adjudication in the above petitions. 2. The petitioners are working as Deputy Teachers, Teachers & Assistant Teachers in the schools of Department of School Education of the State Government. They were appointed on probation for fixed period and fixed salary by the respondents. Their services were regularized after completion ' of probation period and they were granted regular pay scale from the date of their regularization The Issue Involved In ._ these petitions Is whether the petitioners are entitled for regular pay scale from the date of their initial appow from the date of their regularization? ‘t z n years; AssisfaM Teacher, Government I Middle School, Khamariya, Blo?ck Pafun, Distric? Durg(CG). ‘ ‘ Vs Respondenis 1. The Sfa?e 1%of ChhaHisgarh, Through fhe iSec‘refor‘y, School Educafion Mainfraloy of D.K.$. Bhawan Ralpur (CG) 2. The DirecTor Public Instructions Chhafhsgarh, R‘alpur‘ (CG) 3. The District Education Officer, Durg (CG). . Learned advacaTes appearing for the {iefifioners submit Tha‘r the dbove issue has been considered by ’rhe M.P. State Admihistr‘ative Tribunal, Jabalpur‘ in OA No.2745/89 between Madhukant Yadu and 56 others Vs. State of M.P. and others, whereby it was held that similarly situated teachers are entitled to regular pay scale with effeict from initial date of their appointments. The above matter iwas taken—up upto the Hon'ble Supreme Court and the Hon'ble Supreme Court vide order dated 3.1.1994 dismissed the S.L.P. (c) No. (2) 6892/93 preferred .by the State Government. It was further argued that the School Education Department. Government of Chhattisgarh vide Circular dated 21.6.2007 has granted approval to pay regular pay scale to all the Deputy Teachers, Teachers & Assistant Teachers, who were appointed between 1982-83 to 1995, from the date of their initial appointment, after their successful completion of probation period. It is further submitted that case of the petitioners is squarely covered by the order of this Court dated 12.2.2007 passed in W.P. (s) No.813/07 between Ram Kumar Sahu Vs State of Chhattisgarh 6i another where regular pay scale was granted with effect from the initial date of appointment. . On the other hand, Mr. Thakur, learned Deputy Advocate General appearing on behalf of the State of Chhattisgarh contended that the School Education Department, Government of Chhattisgarh vide circular dated 21.6.2007 (Annexure R-l) decided to grant regular pay-scale to the Deputy Teachers, Teachers 6i Assistant Teachers, who are appointed between 1982—83 to 1994—95, from the date of their initial ,appointment. Subsequently, vide circular dated 13.1.2009 (Annexure R—2) the benefit granted to the above teachers has been further extended to theft-teachers who were appointed before 1982 and even the teachers who were appointed after 1995 and in view of the above circulars, the pWare also én‘tiTIed for regular pay scale fir'orn- The dafe -of Their ’E initial appointment . aving heard‘learned counsel for The phr’ries, having regard fa i Circular No.7F—18-1/20/2005/ Raiplhr Hated 21 6 2007 (Annexu'f‘e R-1)"& Circular No.F18—81/20§05/ZO-Do Raip.u.r' .da'red 13.1.2009 (Annexure RLZ) issued 'by i The School Education - Depar‘Tmenf, GoveEnmen‘t of Chhaffisgairh and decision of ’rhis Coorf' dated 12.2.2007 paosed in W'éP. (5) No.813/07, fhe petitions are allowed and i'lj is directed fhof The peTiTioner's shall be paid regular pay—scale from The daTe .of Their iniTiaI appoinTmenT. However, This order shull be subjecT To a“ verificaTions made by The'STaTe regarding facTs pleaded in‘ The peTiTion. No order as TocosTs. 7. A copy of This order'be kepT in all The abov'e wriT peTiTions. NV Sd/ - I Dhirendra Misma Judge //' u H .