iT; T ?^ ,~ .-; 86j°«»sL£efcNGI- /^ <*/-' !ts^^^. IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG) WRIT PETITION (S) N0. 7'y^ /2007 PETITIONERS ^ <?» 'r-. <<.-- t? .-v%^ ^SM^ ....^iP^' •'li1"^""^ ^ isv 1^< Zerom Toppo, aged about 4^ years, son, of Shri Paulus Toppo, Assistant Teacher, Government Tribal Primary School Ambadand, Bagicha, Distt. Jashpur (C.G.) (sl.no. 28 ofAnnexure P-1) 2.^./ Smt. Ignasiyan Ekka, aged about 43 years, wife of Shri Domnik Kindo, Assistant Teacher, Government Tribal Girls Kanya Ashram Rauni, Bagicha, Distt. Jashpur (CG) (sl.no. 70 of the Annexure P-1) 3 ^ Smt. Neelmani Adriyana Tigga, aged about 3^. years, wife of Shri Bilang Xalxo, Assistant Teacher, Government Tribal Primary School Jurudand, Bagicha, Distt. Jashpur (CG) (S!.no. l^ofAnnexure P-1) 4. Smt. Chauhanti Bai Tirky, aged about 43 .years, wife of Nirdosh Tirky, Assistant Teacher, Government Tribal Kanya Ashram, Bagicha, Distt. Jashpur (CG) (Sl.no. 161 of Annexure P-1) 5. Smt. Magret Kujur, aged about 35 years, wife of Shri Lecc Kujur, Assistant Teacher, 6. 7.y 8.'^ 9, ^ 10. Government Trial Girls School / Ashjram, Bagicha, Distt. Jashpur (C.G.) (sl.no.33 of Annexure P-1) Smt. Balmadina Tirky, aged about 41 years, wife of Shri Naresh Tirky, Assistant Teacher, Government Tribal Primary School Gurudand, Bagicha, Distt. Jashpur (CG) ^f-t<\ L-/ Gyan Prakas Ekka, aged about 45 years, son of Shri Simon Ekka, Assistant Teacher, Government Tribai PrimarySchool Bodapahri, Bagicha, Distt. Jashpur (CG) (Sl.no. 133ofAnnexqreP-.1) t-^-l5%—T'^ Smt. Elizabeth Minj,;'aged about 4^years, wife of Shri Rajesh Minj, Assistant Teache;- Government Tribal Priman,' School Pandaripani, Bagicha, Distt. Jashpur(CG) S-yU^1' Smt Mariyeta Tigga, aged about 48 years, wife of'Shri Romaniyus Tigga, Assistant Teacher, Government Tribaj Primary School Marol Bagichg, Distt. Jashpur'(CG) °^f H'(^ Smt. Rajkishori Kerketta, aged about 37 years, wife of Sh.i Fuljens Kerketta, Assistant Teacher, Government Triba! Girls Ashram Kabiya, Bagicha, —S^3 RESPONDENTS ^ 3. 4. Distt. Jashpur (CG) (SI.No. 02 of Annexure P-1) ^1-t7 Smt. Jagpati Bhagat, aged about 42.-years, D/o. Late Kele Ram, Assistant . Teacher, Government Primary Schoo! Galaunda, Jashpur, Disit. Jashpur (C.G.) VERSUS State ofChhattisgarh, through - Secretary, Department of Tribal Welfare, DauKalyan Singh Bhawan, Raipur (C.G.) The District Education Officer, Distt. Jashpur (C.G.) The Assistant Commissioner, Deptt of Tribal Welfare, Jashpur (CG) Block Education Officer, Deptt of Tribal Welfare, Bagicha, Disti. Raigarh (C.G.) WRIT PETITION U/A 226 OF THE CONSTITUTION OF INDIA, ru HI6H COURT OF CHHATTISSARH AT BILASPUR W. P.(S) No. 989 of 2007 Petitioners ; Zerom Toppo ond others Versus Respondents State of Chhatt-isgarh and others SB: Hon'ble Mr. Justice Satish K. Agnihotri. J Present: Mr. A.N. Bhakta , Advocate for the petitioners. Ms. Sunita Jain, Ponel Lawyer for -the State/re^ondents. OR&ER (Pas^d on -this 21st bay of February, 2007) 1. The petitioners were appointed on 30.6.1993 as Assistont Teachers on fixed pay scale of Rs. 1200/-. After completion of their probation, they were grouited regutar pay saile. 2. Leamed counsel appearing for the petitioners submits that the issue involved in the case is asto tAether, the petitioners are entitted to regular pay scate w.e.f. the date of initial appointment or from the date of compietion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu ond 56 others Vs. State of .P. & others), wherein it was held •tiiat the similarty situated teachers are entitled to regular pay scaie w.e.f. the date of initial appointment. The matter was taken up to -the Hon'ble Supr-eme Court. The appeal was dismissed by the Hon'ble Supreme Court upholding the decision '^r- of the Tribunal to the effect that the Teachers/^ssistant Teachers are entitled to regular pay scale from date of initial appointment. 4. Lfiamed eounset appearing for •the petitioners further submits that this Court, while considering the same issue in RakeA Kumar Sharma <S anotiier Vs. State of Chhatt-isgarh & o-rfiers (W.P. (5) No. 5473 of 2006) by order dated 09-10-2006, has gronted regular pay scale w.e.f. the date of initial appointment. 5. Leamed counsel appearing for the parties jointly submit that this case 'is squarely covered by the decision of this Court in the case of Rakesh Kumar Sharma & another Vs. State of Chhattisgarh <& others (Supro). 6. In view of that this petition is disposed of in •the same terms. No order as to costs. Yoge^i Sd/- Satish K. Agnihotri Judge