II ^r ^?^*^^"..^. (^fi (/tfO S'i IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.S.No. ^^^—/2007 PETITIONER ./• tr ^' •y ChandreshKiunarRathia,age(?about 36 years, S/o Chamra Singh Rathia \^--'"-y:x,.--' Working as L.D.T. Govt. Praimary \'°^u^''^ •"' Schoolgalunar,block-Dharamjaigarh Distt.Raigahr(C.G.) \^^^.. ^•^'v^-' l'< '>'\.--' <?: " >-v ..<si v''-' VERSUS RESPONDENT: r'<" *-" rf%<>f'Mls';?:5s<. y':"~~^-y^ ^p^"^ N^ ld? ^(iWLi*}! v' \C<^%'J(^!$^ •^- •';•''?.. \ss°s ^f^^'f-"^^•'""'..•^•'. ^ss^ 1. StateofC.G.Through. Secretary, Tribalwelfare Dipartment, MantralayaD.K.S. Bhawan, Raipur (C.G.) T-. Commissioner, Tribal welfare Department, ptR.SS. University Campus Raipur, District - Raipur (C.G.) 3. Asst. Commissioner, Tribal welfareDepartment, Distt- Raigarh. (C.G.) PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITS OF MANDA- MUS AND CERTIORARI ETC. DIRECTION/ ORDER OF LIKE NTURE ETC :- HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON'BLE MR. SATISH K. AGNIHOTRI, J. T PETITION (S) No. 1382 of Petitioner Chandresh Kumar Rathia, State ofChhattisgarh & CMie.rs Present: Shri Amit Kumar Sharma, Advocate for the petitioner. Shn Sushil Dubey, Goverament Advocate for the State / resoondente, ifh (Passed on 9m ofMarch, 2007) "V 1. The petitioner was appointed in the year 1993 as Assistant Teacher on a fixed pay scale of Rs. 1200/-. After completion of two year probation, he was granted regular pay scale ofRs. 1200-2040/-. 2. Leamed counsel appearing for t'ne peti'doner submits that fhe jssue involved in the case is asto whether. the oetitioTier. is entitled to reguiar pay scale w,e.f. the date of initial appointment or afi:er completion ofprobation peri.Qd,^ 3. The issue involved, herein was considered by the Madhya P.radesh State Admimstrative Tribunal, Jabatpur in 0,A. No, 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P, & others), wherein it wa.s held that the similarlv situated teachers are entitled to ^^^@*??s -2- regular pay scale w.e.f. the date of initial appointment. The matter was takeD-up to tfae Hoii'ble Supreme Court. Tte appeal was dismissed by the Hon'ble Supreme Court upholding the decision of the Triouaal to the effect that the Teachers/Assistant Teachers are entitled to regu!ar pay scale from date ofinitia! appointment. 4. Leanied counse) appeari.ng for the petitioners further submits that this Court, while considering the same issue ia Ssi Ram & others Vs. State ofChhattisgarh & others (W.P. (S) No. 4725/ 2006) by order dated 1,9,2006, has granted regular pay scale w.e.f, the date ot mitial apDointment, 5. Leamed counse! appearing for the parties jointly submit that thi.s case is squarely covered by the decision ofthis Court in the ca.se of Amar Sai Ram & others Vs. State ofChhattisgarh & others (Supra). 6. In view of that, this petition is disposed of in the same terms. No ter as to cost.s. Sd/- Satish K. Agnihotri Judge Amit