^^t"§ F-i .r^iwr &^i^.a^!^'|T^ ^ff-yo IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.t ^ 2..3.£ W.P.-No........^.^).<^....../3e06 0 PETITIONER: .sWr ^^ D^Mtbdar Kashyap Sfo Shri Dhanoram Kashyap, Aged 42 ^year's Working as Asst. Teacher (Tribal Department) at Govt. Middle School, Karahbhata, Jagdalpur, Dist Bastar (C.G.) k' fc11 /' VERSUS ,<?' KESPONDENTS 1. ^State of Chhattisgarh through the Secretary Tribal Welfare Departanent D.K.S. Bhawan, Manta-alaya, Raipur (Chhattisgarh) ^. r\v ft'.^i \ _ ^; Commissioner, Tribal Welfare ^tN Departinent, Pt.Ravishankar d^\ University cainpus, Raipur (C.G.) 3./ Asst. Commissioner, Tribal Welfare Department, Jagdalpur Distt. Bastar (C.G.) PETITION UNDER ^ITICLES 01 OF THE CONSTITUTION OF NDIA FOR_ISSUANCE OF APPROPRIATE WRIT OF MANDAMUS LND CERTIORAM ETC. OR DIRE€TION/ORDER OP LIKE NTURE rc:- HI6H COURT OF CHHATTISGARH AT BILASPUR W. P.(S) No. 935 of 2007 Petitioners ; Oomochr Kashyap Versus ftespondents State of Chhatfri^arh cnd o-thers SB: Hon'ble AAr. Justice Satish K. ^nihotri. J Present: Mr. AAonoj Chauhai, Advocate for the petitioner. s. Deepali Pandey, Panel Lcumyer for State/respondents. OR DER (Passed on this 20th &ay of February, 2007) 1. The petitioner vws oppointed in the year 1987 as Lower t>ivision Teacher on fixed pay scale of Rs. 300/-. After completion of one year probation, •they were gronted regubr pay scate. 2. Leamed counsel appearing for the petitioner submits that the issue involved in the case is astowhe-ther, the petitioner is entitled to regutar pay scate WA.f. •the date of initial oppointment or after completion of probation period. 3. The issue invotved,herein was considered by the Modhya Pradesh State Administrative Tribunal, Jodsa^ur in O.A. No. 2745/89 (Madhukant Yodu and 56 others Vs. State of M.P. & others), wherein it was held that the simitarly si-hnted -teachers are entitted to reguhr pcy scale w.e.f. the date of initial appointment. The matter was taken-up to -the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition vms dismissed by the Hon'ble Suprenie Court upholding the decision of the Tribunal to the effect •that the Teachers/Assistont Teachers are entitled to reguhr pay scale from date of initialappointment. 4. Leamed counsel cppearin9 for the petitioner further submits that this Court, while considering the same issue in Amar Sai Ram & others Vs. Stcrte of Chhattisgarh & others (W.P. (S) No. 4725/ 2006) by order dated 1.9.2(X)6, has granted regular pay scate w.e.f. the ctate of initial appointment. 5. Leamed counsel dppearing for the parties jointly aibmit that this case is squarely covered by the decision of this Court in the case of Amar Sai Ram & others Vs. State of Chhatti^arh & others (Supra). 6. In view of that this petitton is diqaosed of in the same terms. No order as to costs. Sd/- Satish K. Agnihotri Judge