g^i3L2 IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.3 W.P.{S)No. 66 q^ /2006 - A-.^<->^^. .^"u-i-Ai'c-a ^'^s> ^i.-y^^' ^^e€d^'~ ^^E"/^"" y'»...• ^•"" Aged about 43 years S/o Shri Issac Joseph Asst. Teacher Govt. Primary School School Hirri Mines, Block - Thakatpur, Dist: Bilaspur-{C.G.) R/o Bflaspur, Dist : BUaspur-(C.G.) Versus T?iF*G*-«f~iT-t/I esponclents State of Chhattisgarh /^ Through : The Secretary Departiaent of Education, Mantralaya D.K.S. Bhav.'an Raipur (C.G.) The Director Pub! Instruction, Raipur-(C.G.) The District Offic .i-.Cl (C.G.) Distt tS.s^)ur- 4. The Block Educauon Officer, Takhatpur, Dist : Bilaspur-i.C.G.) V/RIT PETITION UNDER SECTION 226 OF_JHE CONSTITUTION OF INDIA '•% HIGH COURT OF CHHAmSGARH AT BILASPUR W,J?.(St Ko. 6697 of 2006 Petitioner : Anues Joseph Vcrsus Respondents State of Chliattisgarh & ofhera SB; Hon'blc Mr. Justicc Satish K. AgaUiotri, J Presenfc Shri Ashok Soni, Advocate for the petitioner. Miss Sunita Jam., Paael Lawyer for fhe respondeats/State. ORDER (Passed on this 22nd day ofFehroary, 2007) 1. The petitioner was appoiated as Assistant Teacher on fixed pay of Rs. 300{-. After coiupletion ofoue yeaj-'s probation, he was graated regular pay scate. 2. Lcarued counsel appearing for fhe petitioner submits fhat fh.e issue involved in llie case is asto whether fhe petitioner is eutifled to regular pay scale w.e.f. fhe date of mitia! appomfecnent or from fhe date ofcoinpletiou ofprobation pcriod. 3. The issue involved, herein was considered by fhe Madliya Pradesh State Admmistrative Tribunal, Jabalpur ia O.A. No. 2745/89 (Madhukaat Yadu and 56 others Vs. State of M.P. & othera), wherein. it was held that Che similarly situated teachers are entitted to regular pay scalE w.e.f. fhe date of initial appoiattaent. The niatter was taken up to the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding fhe decisfon of the Tribunal to the effect that fhe Teachers/AssistaatTeachers are eiitifled to regular pay scale from date of mitial appointaienfc — -~f=-^^^@e^^^^^.^^^^:-^'^'^^':^K^^T-'~~^:^ Thakur 4. Learaed counsel appearing for fhe petitioner further submits fhat fhis Court, whfle considericyg ftie saiae issue in Sushfl Tiwari & ofhera Vs. State Govfc of Chhattisgarh & others (W.P. (S) No. 5976 of 2006) by order dated 7-11-2006, has granted regutar pay scale w.e.f. the date ofmitial appointment 5. Leamed counsel appearmg for fhe parties joiatiy submit that ttus case is squarely covered by fhe decision of this Court in fhe case of Sushil Tiwari & ofhera Vs. Ste.tc Govt. of Chhattisgarh & oQiers (Supia). 6. Ia view ofthat, this petition is aUowed in the same tenns. No order as to costs. Satish K. Agnihotri Judge r