>„-> ^^ily;U^;*3 ^fi»i~1-v^'^ ^ )^s?2 p IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR rC.G.t WRIT PETITION fS1 N0. f ^ ^ OF 2007 '• n!LJ PETITIONER ^- ^ .\<> ^OJ!-!" .<L'.^'^/' \i>.y <Yi..<^^" 0-;<>.••' sv- .,.^--' RESPONDENTS Ramnarayan Nirmalkar Son of Shri Latel Ram Nirmalkar, aged about 46 years, Assistant Teacher Primary School Kharkhod, Block Pamgarh, District Janjgir-Champa (C.G.). VERSUS State of Chhattisgarh, Through: The Secretary, Department of School Education, D. K. S. Bhawan, Raipur (C.G.). The Director, Public Instructions, Raipur (C.G.). The District Education Officer, Education District Janjgir, District Janjgir-Champa (C.G.). The Block Education Officer, Pamgarh, District Janjgir-Champa (C.G.). WRIT PETITIO.N UNDERARTICLE 2:26 OFTHE CONSTITUTION OF INDIA, 195Q_FOR ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI. MANDAMUS ETC. AND FOR APPROPRIATE ^' ORDER/ORDERS. DIRECTION/DIRECTIONS. HI6H COURT OF CHHATTtSfiARH AT BILASPW W. P.fS) No. 1214 of 2007 Petitioner Ratmwroyan Nirmulkar Versus Respondents ; State of Oihattisgarh and others SB: Hon'bte Mr. Justice Satish K. Agnihotri, J r>- Present: Mr. P.P. Sahu, Advocate for Itie petitioner. Mr. Vhay Pandey, Panel Lnwyer for State/respondents. ORDER 0'assed on -this l*t Day of March, 2007) 1. The petitioner was oppointed on 10-9-1982 as Depirty Tecxcher on fixed pay scafe of Rs, 150/-for •tw> years, -thereafter. Rs. 169/- fixed for 1+>ird year. After completion of Itiree yedu's probation, he was gronted reyilar poy scale of Rs. 169-300/-. 2. Leamed counsel appearin9 for the petitioner submits Ihat the issue involved m -the case is osto whe'ther, •Hie petitioner is entH'led to regukir poy scaJe w^.f. the date of initial appointment or from the date of completion of probation period. 3. The issue mvolved, herein was considered by -the Mcdhya Prodesh State Admmistrotive Tribunal, Jabdlpur in O.A. No. 2745/89 (AAadhukant Yadu md 56 others Vs. State of M.P. & others), wherein it was held that -the similarly situated teachers are entitfed to regular poy scate w.e.f. the date of niitial qipointment. The matter was tcten up to the Hon'ble Supreme Court- in Speciol Leave PetH-ion (Civil) No. 6892/93. The sakl petitkm was dismissed by the Hon'bte Supreme Court' upholding Ihe decision of -riie Tribunal to the effect that the Teachers/Assistant Teachers are entitted to regutar pay scale from date of initial appointment. 4. Learned counsel oppearing for the pet'rtioner further submits that this Court-. while considering the same issue in Surfiil Thwari & others Vs. State 6ovt. of Chhattisgarh & others (W.P. (5) No.5976 of 2006) by order tfaited 7-11-2006, has granted regukir pcy scole w.e.f. the date of initial appointment. 5. Leamed counsel appearing for the (wrties jointly submit -that •this case is squarely covered by the decision of tliis Courl' in •the case of Suriiil Tiwari & others Vs. Stnte 6ovt. of Chhattisgarh d o'thers (Supra). 6. In view of •tftat this petition is allowed in the same terms. No order as to costs. Sd/- Satish K. Agnihotri Judge Subhasb