&.07y/- lilll IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. ; 02^-^ / 2010 PETITIONERS ^ ^••e/ .;il/ ^My ••^:"?A?y ^y'/ ^y^' ^' ^ ^.. 1. /Rambharos Sahu S/o Sukhram Sahu, aged about 55 Years Upper Division Teacher, Govt. Middle school Panchgoana, Block - Akaltara, Distt. Janjgir - Champa (C.G.) 2. Ramratan Sahu S/o Kartik Ram Sahu aged about 56 Years Upper Division Teacher, Govt.girls Middle school Khokhara Block - . Nawagarh, Distt. Janjgir - Champa (C.G.) 3. Satish Kumar Katakwar S/o Lalita Prasad Katakwar aged about 55 Years, Upper Division Teacher, Govt. Middle school Bandabhara Block - Bamhnidih, Distt. Janjgir - Champa (C.G.) 4. Shiv Kumar Sahu S/o Gandhi Ram Sahu aged about 56 Years, Upper Division Teacher, Govt. Middle school Banari Block - Nawagarh, Distt. i Janjgir - Champa (C.G.) 5. Suresh Kumar Kaiwartya S/o Dileram Kaiwartya aged about 57 Years, Head Master, Govt. primary school Kishora Block - Akaltara, Distt. Janjgir - Champa (C.G.) 6. Laxmichand Bais S/o Fulsingh Bais aged about 56 Years, Upper Division Teacher, Govt. Middle school Pandri (Janjgir) Block - Nawagarh, Distt. Janjgir - Champa (C.G.) -^> VERSUS RESPONDENTS: State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) The District Education Officer, District Janjgir- Champa (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA mOH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON CS) No. 1024 of 20 1Q PETITIONER : Rambharos Sahu & Others. ^ Ainit VERSUS RESPONDENTS : State ofChhattisgarh & another. WRTT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Asnihotri. J. Present: Shri Ashwani Shukla, Advocate for the petitioner. Shri P.K.Bhaduri, Panel Lawyer fbr the State/respondeiits. ORALORDER (Passed on 11th day of March, 2010) With the consent of leamed counsel appearing for the parties, the petition is heardfinally. - 1. Leamed counsel appearing for the petitibner submits that the petitidners were appointed initially as Assistant Teachers on a fixed pay of Rs. 150/- on probation. After completion ofprobation period, the petitioners were granted regular pay scale ofRs. 169-300/-. Shri Shukla farther submits that the issue invoh^d in the case is asto whether the petitioners are entitled to regular pay scale with effect from the date of initial appoinfnient orafter compl€?tion of3 probation period. 2. The issue invoh^ed herein was considered by tfae Madhya Pradesh State Admmistrative Tribunal, Jabalpur (for short "^e^T")mO.^No.2745/89 (Madhiikant Yadu and 56 othem ys. State of'M.P. & <?fA^nsf), whfifein it was heldthafthesimilarlysituatedfeachersareerrt^^ the date of initial appointment. The matter was taken iip to the Sxipreme Court. The appeal was dismissed by the Supreme Court, upholding the decision offhe Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date ofinitial appointment. 3. In view of the above submissions made by leamed counsel for the parties, the writ petition is disposed of in the same terms i.e., the petitioners are granted liberty to make a representatior^ if so advised, to consider their case on its own merit aiid in its perspective. Ifthe petitumers stand on tiw same footings as per order passed by the SAT in Madhukant 7a^ (supra) and subsequently confirmed by the Supreme Court in SpecialLeave Petition (Civil)NQ. 6892/93 by order dated 3-1-1994, the petitioners may be entitled to same relief accordmgly. Sd/- SatishK.Agnihotri Judge