, mm mam IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.p.(smo. éBHé 12009 f. PETITIONERS : 1.‘ Takeshwar Yadav, S/o Heeradhar Yadav, aged about 48 years, Assistant Teacher, Govt. Middle School, Burhadand, Block- Bagicha, Disttr Jashpur (C.G.) 2. Rupan Sai Yadav, S/o Dwari Ram Yadav, aged about 45 years, H.M. Govt. Primary School, Jamjhor, Block- Paththalgaon, Distt.— Jashpur (C.G.) VERSUS - (v RESPONDENTS : 1. State of Chhattisgarh Through :- The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. District Education Officer, Jashpur, Distt.- Jashpur (c.,G.). CO/@ 3. Block Education Officer Paththalgaon/ Bagicha, Distt.— Jashpur (C.G.) 4. Treasury, Account 85 Pension Jashpur, Distt.—Jashpur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. ’EF Ff I T V ‘ 7P mavr {g\ NA 95 FETITEONERS : Takeshway Yadav & another, VERSUS State of Chhatiisgarh & Cthars. WRET PETYHON UNDER ARTICLE 226 OF TEE CONSTITUTION OF INDIA SB: Hon’bie Shri Satish K. Agnihotri, J. Pressnt: Shri Somkant Verma With Shri Akshay Yadav, Advacate far the pstiticners. Shri N.N.Roy_, Paml Lawysr for the State/fespondents. Run; PETITION, l “M63 m '0 RESPONDENTS ORDER {ORAL} (Passad on 06m day of November, 2009) With the conseni of leamed counsal appearing for tha paz‘éies, the oeiitim is hearéi iinaily. Leamed counsei appeagixlg for the petitioners submits that the petitioaers were initiai3y apgyointed on a fixed pay scale of Rs. 150/’- on probation. After completion of their probatim period, the yeiitioners were granted regular pay scale. Leamec‘; counsel further submits that the issue invotved k1 the case is asto Whether the petttioners ate entitieé to regular pay scale with effect from the date of initiaE appointment or at’ter compietion ofprobation perioil. 2. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal. Jabalpur {for short. “the SAT”) in O.A.No.2745/89 (Jiladhukanf Yacht and 56 Others vs. State Qffx/LP. & others): wherein it was held that the simiiarly situated teachers are entitled to reguiar pay scaie wef the date of initial appointment. :Fhe matter was taken: up to the Supreme Court. The appeai was dismissed by the Supreme Court, upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. In View of the ahove submissions made hy learned counsel for the paities, the writ petition is disposed of in the same terms i.e., the petitioners are granted liberty to make a representation, if so advised, to consider the petitioners’ case, if the petitioners stand on the same footings as per order passed by the SAT in rt/fadi’mkant Yoda/t (supra) and subseguently confirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 hy order dated 3—1‘1994 and grant relief accordingly. in View of foregoing, the Writ petition is disposed of. V sdl- . Sh K. Agn‘ 'hotri an Juldgex 7 Amit x S /