IN THE HON'BLEHIGH COURT OF CHHATTCSeARH AT BILASPUR (C.G.) W.P. (S) N0. 36 IS /2010 PETtTIONER ^0"'"^', ^l^ >^- l?"'"'^ \ ^..••' ^'B'.^.-"' i»y RESPON&ENTS : /'fe ^fc '•s'y^ '^ •>-OTsy !i fe'iABBSS^ W'S p^^.yw^ •- i ieaK®« 1. 2. '^w^y^ Abdulla Khan, aged about 54 years, S/o Lazim Khan , Head Master, (Sovernment Middle School, Koylar Block Dharamjaigarh, Distt. Raigarh (C.6.) VERSUS State of Chhattisgarh Through Secretary, Trible Welfare bepartment D.K.S. Bhawan, Raipur (C.G.) The Commissioner Trible Welfare bepartment Raipur (C.6.) Assistant Commissioner Trible Welfare bepartment Raigarh (C.6.) 4. District Education Officer, Raigarh bistrict-Raigarh (C.&.) 5. Block Education Officer Dharamjaigarh, District- Raigarh (C.6.) WRIT PETETION UNDER ARTECLE 226 OF THE coNSTrruioN OF INDIA 3. ——aua^a^—»B!NS<» "-^F .rf-!3a3 i:!?^""^ ^ """'f .i ^w^ %^ ^v y HIGH COURT OF CHHATTISGARH AT BiLASPUR Singie Bench: Hon'bie Shri Manindra Mohan Shrivastava, J, WRIT PETITION (Si N0.3S15/20K PETITiGNER RESPONDENTS Abduiia Khan Versus State of Chhattisgarh and others WRiT PETITiON UNDER ARTICLE 228 OF THE CONSITUTiON OF INDSA Present: - Shri K.S. Pawar, counsel for the petitioner. Shri Vinod Tekam, Pane! Lawyerforthe SSate. (Passed on 213i July, 2 The petitioner was appointed in the year 1976 as Assistant Teacher in Tribai Welfare Department on a fixed pay of Rs.100/- and thereafter Rs.150/'- for one year. He has been reguiarized in the saiu post after completing probation period and was given reguiar pay scale. 2. Learned counsei appearing for the petitioner submits that the issue involved in the case is as to whether the petitioner is entitied to reguiar pay scate with effect frorn the date of initial appointment or after completion of probation period. ^ 3. T'ne issue invotved herein was considered by the Madhya Pradesh State Admlnistrative Tribunai, Jabalpur in O.A.No.2745/89 (Madhukant Yadu and 56 others v. State of 'ii'l'% f '•L- M.P. S others), wherein it was heid that the simiiarty situated teachers are entitled to reguiar pay scaie with effect from the date of inltiai appointment. The matter was taken up to the Hon'ble Supreme Court. The appeal was disrnissed by the Hon'ble Supreme Court upholding the decision of the Tribunai to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initiai appointment. 4. Learned counsei appearing for the petitioner rurther submits that this Court, whiie considering the sarne issue in Ram Kumar Sahu & others v. State Govt. of Chhattisgarh & another, Vv'.P.(S).No.813 of 2007, by order dated 12/02/2007, has granted reguiar pay scaie w1th effect from the date of initiai appointment. 5. Learned counsel appearing for the State/respondents submits that the case of the petitioner may be consldered in the iight of order passed by this Court. 6. Accordingiy, petition is disposed off with djrection to consider the case of the petitioner in the light of orders in the case of Fvladhukant Yadu and Ram Kumar Sahu and pass appropriate orders in accordance with law, subject to verifjcation of the facts. No order as to costs. —— - Sd/- Manindra Mohan Shrivastava Judge h'i'iys