c^ ^ BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(S)No. ^\3<?>\ of 2011 PETITIONER Jairam Marai, aged about 63 years, S/o Shri Bharat Ram Marai, Retired, Teacher, R/o Sitakasa, Post- Gendatola, District-Rajnandgaon (C.G.) VERSUS RESPONDENTS :1 State of Chhattisgarh, Through : the Secretary, Department of School Education, D.K.S. Bhawan, Raipur (C.G.) District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) Block Education Officer, Block- Chhuriya, District Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. _ .^v^ .yyyy 2 ^ ^'yy^ ^^^^' V^y"\e3 v .•••yXov 3- .^*'- ^'J^ ./' '^^' HIGHCOURTOF CHHATTLSGARH : BILASPUR S.B.: Hon'ble Shri Manindra Mohan Shrivastava, J. PETITIONER RESPONDENTS Writ Petition (S) No.2631/20U Jairam Marai Versus State of Chhattisgarh and others Writ Petition y/A 226ofthe Constitution oflndia Present: - Shri Gautam Kheta-apal, counsel for the petitioner. Shri Prasun Bhaduri, Panel Lawyer for the State/respondents on advance copy. ORAL ORDER (Passed on 13th ofMay, 2011) With the consent of learned counsel for fhe parties, the matter is heard finally. ^.. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs.100/-. After successfully completing the probation period of 2 years, he was granted regular pay scale. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is as to whether, the petitioner is entitled to regular pay scale with effect from the date of initial appointment or after completion of probation period. 3. The issue mvolved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in XiSSiSSSWSM •••S.St'WS#!v'i fSS-.'sswai' ^^iStsS^5V^SSS^S:SSSSS^y^ •;%AK i' i ^y O.A.NO.2745/89 {SSadhukant Yadu and 56 others v. State of SS.P. & others), wherein, it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court in special Leave Petition (CivU) No.6892/93. The said petition was dismissed by the Hon'ble Supreme Court, upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. 4. In view of the above submissions made by learned counsel for the parties, fhe writ petition is disposed off in the same terms i.e. the petitioner is granted liberty to make a representation, if so advised, to consider his case on its own merit and in its perspective. If the petitioner stands on the same footings as per order passed by the SAT in Madhukant Yadu (Supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No.6892/03 by order dated 3/1/94, the petitioner may be entitled to same relief accordingly. 5. No orders as to cost. Sd/- Manindra Mohan Shrivastava Judge DeepU