^ u^ \^l^- < 7 SINSLE BEI IN THE HIGH COURT OF JUDICATUPJE OF CHHATTISGARH AT BILASPUR W.P.fS.l N0. ^4gf /2009 PETITIONER: <r 0\ •^ ^' ^ Tikaram Chandra S/o Shri Gokul Prasad Chandra; Aged about 54 .••\"u~.>-"' y^ .••'ff^ ..-'' years, Upper Division Teacher, ^•^^ ^ District Janjgir-Champa (C.G.) Govemment Middle School, Kutekoni- KhT-u-d, Block Dabhara, RESPONDENTS VERSUS 1. State of Chhattisgarh: Through The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) The District Education OfGcer, Janjgir, District Janjgir-Champa (C.G.) , The Block Education Officer, Block Dabhra, District Janjgir- Champa (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. The petitioner most humbly and respectfully begs to submit as under : ^ !!ia,» mOH COURT OE CHHATTISGARH AT BILASPUR %'RIT PETmON (S) No. 6481 of2009 PETmONERS RESPONDENTS Tikaram Chandra. VERSUS : State ofChhattisgarh & (Ahen. •A.' •^, WRIT PETmON UNDER ARTICLE 226 OF THE CCNSTTTUnON OF INDIA SB: Hon'ble Shri Satish K. Aenihotri. J. Present: Shri D.R.Patel, Advocate for the petitioner. ShriM.P.S.Bhatia,DeputyGovemmectAdvocateforthe Stat&'respondsnts OKDER<ORAL) (Passed on lO"' day of November, 2009) With the consent ofleamed counsel appearing for the parties, fhe petitifn is heard finallv. 1. Leamed counsel appearina for the petitioner subaits that tfae petitioner was appointed on the post ofAssistant Teacher on a fixed pay scaleofRs. 100/- on probation. Afier completion ofprobation period, the petitioner was granted regular pav scaie. Leamed counsel farther submits that the issue involved in the ca»eis asto whether the petitioner is entitled to regular pay scale with efiect from the date ofmitial appointment or after completion ofprobation period. 2. The issue involved herein was considered bv the Madhva Piadesh State Administrative Tribunal, Jabalpur <for short "the SAT") in O.A.No.2745/89 Qvfadhukant Tadu and 56 others vs. State cfM.P.& others), wherein it was held fhat the similarly situated teachers are entitled to r&gular pay seale 'w.e.f. the date of initial appointment The matter was taken up to Ihe Supreme Court. The appeal was dismissed by the Supreme Court upholding flie decision ofthe Tribunal to fhe effect tliat the Teachers/Assistant Teachers are entitled to regular pay seale j&om date ofimtial appointment. 3. Inviewoftheabove submissionsmadebyleamedcounselfortheparties.thewrit ^, petition is disposed of in the same terms i.e., the petitioncr is gTanted libaty to make a rqtreseatatioii, if so advised. to consider the petitioner's case on its own merit and perspective, if the petitioner stands on the same footings as per order passed by fhe SAT m&fadkithant Tadu (supra) aad subsequentlyconfmned by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by orda- dated 3-1-1994 and erant reliefaccordinalv. 4. Inviewofforegoing.thewritpetitionisdisposedof. Sd/- Satish K. Agnihotri Judge