53 C£’/v©//_ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH g W (S‘mt. Sushilam Kanwar, lo Shri Khagesh Ptap Singh Kanwar, aged abut 32y/rs Assistant Teacher, Govt. Primary School- Rgara, Block — Korba, Distt. — Korba (C.G.) ate of Chhattisgrh, Through — The Secretary Department of : 1. / RESPONDENTS /t Ecation / Tribal Welfare Department D..S. Bhawan, Raipur C.G.) 2. Director, Public instruction Chhattisgarh Govt. Raipur istrict Education Officer, Distt. — Korba (C.G.) Assistant Commissioner Tribal Weifar Dtt. Korba (C.. WRIT PETITION UNDER ARTICLE 2266F THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT WRITS e is G) / §fo¢\ DIRECTION ETC. TO DO JUSTICE IN THE MATTER. a w.P.(S) No. 1m 12007 , W PETITIONER ra o Wea um VERSUS S du K ( / 3 D y %§ HIGH COURT OF CHHATTI$6ARH AT BILAsPUR W. P“($) No, 1195 of 2007 Pefi'rioner : Smt. Sushilnm Kanwar Vzrsus Raspondenfs : 51w: of Chhafiisgarh and ofhers $8: Hon'ble Mr. Jus-rioe Safish K. Agnihotri. J' Present: Mr. A.S. Rajput, Advocate for the petitioner. 5min Anju Abuja, Depuiy Government Advoaafe for fhe respondents/State. O R D E R (Pnssni on this 1“ Day of March, 2007) 1. The petitioner was appointed on 07.08.1993 as Assistant Teacher on fixed pay scale of Rs. 1200/-. Affer completion of 1wo year probation, she was gran-red regular pay sonic of Rs. 1200-2040/-. . Learned counsel appearing for the petitioner submits that the iswe involved in fhe cm? is osfo whe'lher, fhe pefifioner is enfifled 1'0 regular pay scale w.e.f. fhe dafe of initial appoinfmenf or affer- completion of probation period. ' . The issue involved, herein was consideied by the Madhya Pradesh Sfafe Adminisrra‘l'ive Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukan‘r Vadu and 56 o'rhers Vs. Sfa'l'e of MP. & o'lhers), wherein i1' was held fha'r the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken-up to the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by fhe Hon'blz Supreme Courf upholding fhe decisiori of 'H'Ie Tribunal 1'0 *he effect fhwf me Teachers/Assisfan'r Teachers are anti-Had +0 regular pay scale from du're of inHial appoimmenf. 4. Learned counsel appearing for fhe pe-rifioner further submifs fhaf +his Court while considering fhe same issue in Har Prasad Kurre and o'fhers vs. Sm're of Chharl’isgarh & ol'hers (W. P. (5) No. 5191/2006} by order dated 3.10.2006, has gran'red regular pay scale w.e.f. fhe dale of ini'rial appointment 5. Learned counsel appearing for the par'ries joinfly submit fhaf fhis case is squarely covered by fhe decision of ihis Cour-r in fhe case of Har Prasad Kurre and ofhers vs. Sfafe of Chhoffisgarh d ofhers (Supra). 6. In view of fha'r, fhispefifion is disposed of in The same ferms. No W \ order as To cosfs. . v>~—‘~/’—’—‘ 1 Sdl- Satish K. Agnihotri ‘l Judge l l Subhosh f