2b HIGH QQURT 9F cHHATl'EGARI'I EILAEPUR WP (s) No. 318 OF 2009 PETITIONERS 1. Narayan Prasad Déwangan S/o Shri Sadhu Ram Dewangan, aged about 58 years, Presently ‘Secondary School Bodsara, Black Nawagarh D1str1ct Janjglr Chamap (CG) 2. Ram Datt Yadav, S/o Shri Sadha Ram Yadav, .aged about 56 years, Head Master Government Primary School Nawagaon, 'Block Baloda, District Janjgir Cha‘mpa (CG) Fgworkmg as Lecturer Government Hlgher Versus RESPONDENTS 1. State of Chhattisgarh, through Secretary,_ Education Department, Mantralaya, DKS Bhawan, Raipur, (CG) 2. District Education Officer, District Janjgir Champa(CG) WP (s) NO. 319 OF 2009 PETITIONERS 1. Bhagat Ram Swarankar S/o Shri Budhram Swarankar, aged about 61 years, Upper Division Teacher, Government Higher Secondary School Sl.No.1 Janjgir, Black Nawagarh, District Janjgir Champa (CG) 2. lGanesh Ram Sao S/o Shri Badri Prasad Sao, aged about 56 years, Upper Division Teacher, Government Higher Secondary School Pahariya ‘ Block Baloda District Janjgir Champa (CG) 3. Baratu Rar'n Yadav S/o Shri Laxman Ram Yadav, aged about 59 years, Head Master, Government Primary School Pahariya, Block Baloda, District Janjgir Champa (CG) Versus RESPONDENTS 1. State of Chhattisgarh, through Secretary, Education ,Department, Mantralaya, DKS Bhawan, Raipur, (CG) 2. District Education Officer, District Janjgir Champa (CG) WP (s) NO. 321 OF 2009 PETITIONERS 1.. Asha Ram Gadhewal, S/o Shri Bahoran Lal Gadhewal, aged about 55 years, Head Master Government Middle School Kirit, Block 3 Nawagarh, District Janjgir Champa (CG) 2. Darash Ram Rathore S/o Sohan Lal Rathore, aged about 53 years Upper Division Teacher, Government Middle School Sarkhon, Block Nawagarh, District Janjgir Champa (CG) 1V ' , I]. . . Nmmwmmwwwww n mwmw )« 3. Santosh Kumar Pandey, S/o Rameshwar Prasad Pandey, aged about 52 years presently working Phys1cal Teacher Government Hlgher Secondary ‘School Sl No 1 Janjgu Block Nawagarh Dlstnct "Jamglr Chamna {CG} Versus RESPONDENTS 1. State of Chhattisgarh, through Secretary, Education Department, Mantralaya, DKS Bhawan, Raiphr, (CG) 2. District Education Officer, District Janjgir Champa (CG) 3.. Block Education Officer, Block Nawagarh, District Janjgir Champa (CG) WP (s) N0. 323 OF 2009 Ramayan Prasad Thawait, S/o Shri Mathura Prasad Thawait, aged about 56 years, Upper Division Teacher, Government Middle School Baloda, Block Baloda District Janjgir Champa (CG) Versus RESPONDENTS 1. State of Chhattisgarh, through Secretary, Department of Education, Mantralaya, DKS Bhawan, Raipur, (CG) 2. District Education Officer, Champa (CG) 3. Block Education Officer, Block Baloda, District .Janjgir Champa (CG) PETITIONER District Janjgir WP (s) NO. 324 OF 2009 Kapil Prasad Dubey, S/o Shri Ram Pratap Dubey, aged about 55 years, Upper Division Teacher, Government '.Middle School, Jarve, Block Baloda, District Janjgir Champa (CG) PETITIONER : Versus RESPONDENTS l. State of Chhattisgarh, through Secretary, . Department of Education, Mantralaya, DKS Bhawan Raipur, (CG) 2. The District Education Officer, District Janjgir Champa (CG) 3. Block Education Officer, Block Baloda, District Janjgir Champa (CG) ’,Mr.,Y.S. Mr. Ashwani Thakur, Shukla, learned learned. Dy AG counsel with Mrs. for the Smita petitioners Ghai, iearned PL for the State. ' l i, . ,. Writ Petitions under‘Article 226 of the Constitution of India ORAL ORDER (Passed on 21.1.2009) Dhirendra Mishra, J; The above pétitions are being disposed of by this common order, as common question is involved for adjudication in the above petitions. .The petitioners were initially appointed as Deputy Teachers, Teachers 8n Assistant Teachers in the schools of Department of School Education of the State Government. They were appointed on probation for fixed period and fixed salary by the respondents. Their services were regularized after completion of probation period and they were granted regular pay scale from the date of their regularization. The issue involved in these petitions is whether the petitioners are entitled for regular pay scale from the date of their initial appointment or from the date of their regularization? Learned advocates appearing > for . the petitioners submit that the above issue has been considered by the M.P. State Administrative Tribunal, Jabalpur in O.A. No.2745/89’be‘tween Madhukant Yadu and 56 others Vs. State of M.P. and others, whereby it was held that similarly situated teachers are entitled to regular pay scale with effect from initial date of their appomtments The above matter was taken up upto the Hon’ble Supreme Court and the Hon’ble Supreme. Court v1de order dated 3.1.1994 dismissed the S L P (c) No. (2) 6892/93 preferred by the State Government. It was further argued that the School Education Department, Government of Chhattisgarh Vide Circular dated 21.6.2007 has granted approval to pay regular pay scale to all the Deputy Teachers, Teachers &‘Assistant Teachers, who were appointed between‘ 1982-83 to‘1995, from the date of their i initial appointment, aftergtheir successful completion of probation period. It‘iis’ifurther submitted that case of the petitioners is squarely covered by the order of 1‘. @W, this Court dated 12.2.2007 passed in W.P. (s) No.813/O7 between Ram Kumar SahLi Vs State of Chhattisgarh 85 another where regular pay scale was granted with“ effect from the initial date of appointment. .On‘ the other hand, Mr. Thakur, learned Deputy Advocate General appearing on behalf of the State of Chhattisgarh contended that the School Education Department, Government 0f Chhattisgarh by circular dated 21’6.2007 decided to grant regular pay—scale to the Deputy Teachers, Teachers & Assistant Teachers, who are appointed between 1982—83 to 1994—95, from the date of their initial appointment. Subsequently, by circular dated 13.1.2009 the benefit granted to the above teachers has been further extended to the teachers who were appointed before 1982 and even the teachers who were appointed after 1995 and in View of the above circulars, the petitioners are also entitled for regular pay scale from the date of their initial appointment. . Having heard learned counsel for the parties, having regard to Circular No.F-18-1/20/2005/ Raipur dated 21.6.2007 8a Circular No.F18—8l/2005/20—Do Raipur dated 13.1.2009 issued by the ‘School Education Department, Government of Chhattisgarh and decision of this Court dated 12.2.2007 passed in W.P. (s) No.813/07, the petitions are allowed and it is directed that the petitioners shall be paid regular pay-scale from the date of their initial appointment. However, this order shall be subject to all verifications made by the State regarding facts pleaded in the petition. . No order as to costs. .iA copy of this order be kept in all the above writEx ‘ Dhirendra Mishrai i 7’ Judge petitions. sd/- ‘ Khan/ n mwaaré m mmm‘ x/i