smGLE EN$H @‘3 ‘ IN THE HON’BLE HIGH COURT OE CHHATTISGARH AT BILASPUR x I w.P.(s)No. g6? /2o1o / 1. Suresh Kumar Chouhan, S/o Late Shri Moti Ram, aged about 53 years, working, as Head Master, T.‘W.D. Middle School, abdmunda, Block- Kansabel, Distt. Jash‘pur (C.G.) ETITIGNERS g i Silbanus Minj, S/o Late Shri Palus Teténgu Minj, aged about 5,1 years; working as Upper Division Teacher, T.W.D. Middle School, Tahgargaon, Block- i Kansabel, Distt. Jashpur (C.G.) VERSUS i K State of Chhattisgarh Through :— The. §eerétary, Tribal Welfare Department, D’.K.S. Bhawan, Raipur (C.G. Assistant ‘ Commissioner, Tribal Welfare Department, Jashpur, Distt. —Jashpur (C . G.) :1. RESPONDENTS 6,”, Block Education Officer, Kansab el, Distt. Jashpur _,/ (C‘:G.) Treasury Officer,. Treasury, Accounts 85 Pension, Jashpur, Distt. Jashpur (C.G.) . WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. J P S ) 1 ‘ I I I Smqle Bench Hon ble $hn Manmdra Mshan Shrivastava; J. 1 HIGH COURT OF CHHATT!SGARH : BILASPUR _ l ( WRIT PET!TION UNDER ART§CLE 226 OF THE C NSITUTION OF iNDiA Present - Shn Somkant Verma, counsei for tha petitioners. Shri Bhaskar Payashi, Panel Lawyerifor the Staté. ORAL ORDER (Passed on 2"“ July, 2010) , With the consent of the parties, the matter is taken up for hearing hnaily. 2.‘ . The petltioner was appomted as Asststant Teacher on a fixed pay at ‘ Rs 100/— Aiter compietion of his probation he was granted regular pay scale 3. Learned counsel appearing for the netitioner submitsrithat the issue ‘ involved in the case is as to whether, the petitioner isentitled to regularpay scale with effect from the date of initial appointment or. atter completion of 1‘ probation period. 4. t The issue involved herein was considered by the Madhya Pradesh State I Administrative Tribunal, Jabalpur in O.A.No.2745l89 (Madhukant Yadu and 56 V others V. State of M.P. &‘ others), wherein it was hetd that the simitarly i situatediteachers are entitled to regular pay scale with effect from the date of 1 initial appointment. The matter was taken up to the Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. The said petition was dismissed by , the Hon'ble Supreme Court upholding the decision of the Tribunal to the effect ‘ that the TeachersfASSIstant Teachers are entitled to regular pay scale from the ; / x date of Initial appomtment é ‘ ’ WRIT PETITION (S) NG.31$?I2010 3 PETITIGNER Suresh Kumar C ouhan and Another l Versus i RESPONDENTS State of Chhattis arh and others 5‘ Leamed cmmsal appearmg far ihe petitéanei' fudhaF subm§ts mat $ Court, whim cansidyiag %he 3mm issue in Aim $ei gal g; mmr: I G? Q€§Jw€§§$gsré§ & $€§§ew (WP.{S) No.4725i’206’3) by ordér dateai mmg aHovwd {hm petitéarxers m make a repmseniaiion withm a gaek§ad s3?“ fen riaya ra§$§a§ a3} ‘zhek griwarrces. 5 Accardingw‘ ‘ihe ggetié‘icn-efs af‘e granfad iébemf fa mak$ a €epre$ersi3iion {gismg al! éhait' grievance3 m isght 9f the afaresaéd judgmem aé‘xd m tum, the ssncemed rasivandent i$ diraciw t0 éecide ihe repraenia’zien, .55 am in aaccwance wi€h law, on its awn merks, withm a germ}. m‘ 8 weekS fmm iha Gaia a? reteipt af fhe repfesenia€ic§x $t;bject 3‘0 vgrif§c&t§m of the t‘aci3. .mmafw ’. Ti. m View af the foregomg, this pe€§ti0n E3 éispaSeai eff. Na owe: 33 1 K V:\ \ y ,V Sdh ‘ Manindra Mahan Shrivastava ‘ ‘ ‘