m K A ••I — ^-^jffO^- ^" IN THE HIGH COURT OF JUDICATURE AT BII.ASPUR CHHATTISGARH W. P. (S) No. ) 2-0) ^ /2007 PETITIONER ^ M'c3\^^ o •6\^ Pratap Chand Dewangan, S/ Shri Kodan Lal Dewangan, age about 40 years, Assistar Teacher, Govt. Girl's Primar School - Sukli, Block - Lormi Distt.-Bilaspur (C.G.) VERSUS RESPONDENTS ^7 1. State of Chhattisgrh, Through - The Secretary Department of Education D.K.S. Bhawan, Raipur (C.G.) 2. Director Public Instruction Chhattisgarh Govt. Raipur ^ 3. District Education Officer, Distt. - Bilaspur (C.G.) / 4. Block Education Officer, Block - Lormi, Distt.- Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT, WRITS, DIRECTION ETC. TO DO JUSTICE IN THE MATTER. HI6H COURT OF CHHATFIS6ARH AT BILASPUR W. P.fS) No. 1292 of 2007 Petitioners ; Pratap Chand Desuangan Versus Respondents State of Chhatt'isgarh and others SB: Hon'ble Mr. Justice Satish K. Agnihotri. J ,.—fti Present: Mr. A.S. Rajput, Advocate for the petitioner. Ms. Deepali Pandey, Pouiet Lawyer for respondents/State. OR t) ER (Passed on this 8th Day of March, 2007) 1. The petitioner was flppointed vide order dated 09.01.1986 (P/l) as Assistant Teacher on fixed pay scale of Rs. 300/-. After completion of two years probation, he was granted regular pay scale of Rs. 545-950/-. 2. Learned counsel oppearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitled to regutar pay scale w.e.f. the date of initial appointment or from the date of completion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabaipur in O.A. No. 2745/89 (AAadhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was hetd that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter wess taken-up to the Hon'ble Supreme Court in Special Amit Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding the decteion of the Tribunat to -the effect that the Teachers/Assistant Teachers are entitted to regular pay scale from date of initial appointment. 4. Learned counsel appearing for the petitioner fur'ttier submits that this Court, while considering the same issue in Sushil Tiwari & others Vs. State 6ovt. of Chhattisgarh & others (W.P. (5) No.5976 of 2006) by order dated 7-11-2006, has gronted regular pay scate w.e.f. tiie date of initial appointment. 5. Learneci counsel oppearing for the par'ties jointly submit that this case is squarely covered by the decision of this Court in •rfie case of 5uAil Tiwari <S others Vs. State 6ovt. of Chhattisgarh <& others (&jpra). 6. In view of that this petition is allowed in the same terms. No order dS tO COStS. Sd/- SatishK.Agmtom Judge fe H