$® C47£m7/\ $ fw‘asvl 6’Wzf1 IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.r.«smo. é$8¢k /2009 PETITIONERS 1. {J Silabanus Minj, S/o Shri Paskal Minj, aged about 53 years, Assistant Teacher, Govt. Primary School, Ragra (Ambadand), Block- Bagicha, Distt.- Jashpur (C.G.) 2. Roopsai Pajkra, S/o Shri Mitkusai, aged about 50 years, H.M. Govt. Primary Schbol, Dumartoli, Block— Bagicha, ,Distt.- Jashpur (C.G.) VERSUS RESPONDENTS : 1. (”State of Chhattisgarh Through :— The Secretary, School Education Department, ‘i D.K.S. Bhawan, Raipur (C.G.) 2. District Education Officer, Jashpur, Distt.-Jashpur (co) (a/@ 3. Block Education Officer Bagicha, Distt.- Jashpur (C.G.) Treasury, Account & Pension Jashpur, Distt.-JaShpur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. / gA r: / Y WRIT PETETION (S) No. 5397 cf 2009 PETITIONERS : Silabanus Mm} & anather. VERSUS RESPONDENTS : Stats of Chhattisgarh & Others. XVRH‘ PETETION UNDER ARTICLE 226 OF THE CONSTETUTION OF INDIA SB: Han’bEe Shi‘i Saiish K. Aonihotri. J. Psent: Shri Somkant Verma with Shri Akshay Yadav, Advocate for the petitioners. Shri N.N.Rcy, Panei Lawyer far the State/raspondents.. ORDER {ORAL} (Passed (m 06m day of NAm/ember, 2089) With the cansam 0f learned counsgi appearing for the paz‘ties, the petitiea is heard finally. Lemtwd c0uns€1 appéaring for the patitioners submits thai the §3etiti0ners were appointed as Deyuty Twcher on a fixed my scale 0f Rs. ISG/— 0n pmbatien. After camykation of fh€ir probation p€ri0d$ tbs patitioners were granted reguEar pay scaie‘ Leamed counsel further su‘omits that 'the issue invoived in the case is asto whether the petitieners are entitled to regular pay sca1e with effect from the date of initial appointment or after compietion of probation eeriadi The issue involveii herein was considered by the Macihya Pradesh State Administrative Tribunaii Jaealpur (for shaft “the SAT”) in O.A.No.2745/89 (M’adhakanr Yadu am! 56 others vs. State offs/LP. & others), wherein it was heid that the simiiariy situated teachers are entitled to regular my seaie wef. the date of iaitiai aepointment. The matter was takerf up to the Supreme Court. The appeai was dismissee by the Supreme Court: uphoiding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. ln View of the above submissions made by learned counsel for the parties: the writ oetition is disoosed of in the same terms i.e.. the eetitioners are granted libeity to make a regresentation, if so advised. to consider the petitioners’ case: if the petitioners stand on the same footings as per order passed by the SAT in Evladhukmt Yacht (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by order dated 3—1—1994 and grant relief accordinalv. In View of foregoing, the writ yetition is disposed of. ) Ix L)A - Amt re