L'i •6 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) WRIT PETITION N0. 9^>6 /2005 PETITIONERS af\ ,'->.. /s PA^ a. " /w.^ ^A:" /° W A: y •.• -.r^ /.$ r/J •y / •>;»' <» s -^. •< f "M^f^hiq i^wtuo ^ 1. Vf^^:^A '.yVERSUS '-'';•-,'"' <:'"'" .,'y Dilip Kumar Sharma, about years, son of Late Shri Baldau Prashad Sharma, teacher, Janpad Primary School, Sukulkari, Block Development Masturi, Distt. Bilaspur (Chhattisgarh), Presently resident of side of Post office, Masturi, Distt. Bilaspur. (Chhattisgarh) Neelkanth Rathaur, aged about 37 years, son of Shri Jivrakhan Lal Rathaur, teacher, Janpad Primary School, Jairamnagar, Block Development Masturi, Distt. Bilaspur (Chhattisgarh) Ishwar Singh Rathaur, aged about 37 years, son of Shri C.R. Rathaur, teacher, Janpad Primary School Okhar, Block Development Masturi, Distt. Bilaspur (Chhattisgarh. RESPONDENTS The State of Chhattisgarh, through : the Secretary, Department of School Education, D.K.S. Bhawan, Raipur (Chhattisgarh) The Deputy Director, Education, Janj'gir-Champa (Chhattisgarh) ^^^^^^ WRIT PETITION UNDER ARTICLES 226 / 227 OF THE CONSTITUTION OF INDIA. 1950 FOR ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI. MANDAMUS ETC. AND FOR APPROPRIATE ORDER / ORDERS. DIRECTION / DIRECTIONS. S^R^IilNSI® ^i^-: s^ ^ HIOH COURT OP CHHATHSGARH AT BILASPUR W.P. N0.^)6 of2W5 Petttiouers : Dilip Kumar Sharma & others -Versus- Respondents The State ofCfaIiattisgarh &. ofhers SB; Honllc Mr. Justicc Satish K. AgnUiotri, J Present Shri P. T'iwari, Advocate for the petitioners. Shri Satisfa Gupta, E)eputy Govt. Advocate for the respondents. ORDE R (Passed on this 28th day of FebniaTy, 2007) 1. The petitionera were appointed as Assistaat Teacher on fixed pay of Rs. 1200/- vide oidera dated 6.7,1995, 7.7.1995 and 6.7.1995, respectively. After completion of two year's piobation, they were granted regular pay scale. 2. Leamed counsel appearing fdr the petitionere submits fhat fhe issue involved ia the case is asto whether. the petitionera are entttted to regular pay scale w.e.f. fhe date of mitial appointaient or fiom. the date ofcomptetmn ofprobation period. 3. The issue uivolved, herein was considered by the Madhya Pradesh State Adininisteatwe Tribunal, Jabalpur in O.A. No. 2743/89 (Madhukaut Yadu and 56 othera Vs. State of M.P. & ofhers), wherein it was held that the sumlarly situated teacheis are entitted to regular pay scale w.e.f. the date of initial appomtiuent. The matterwas taken up to fhe Hon'ble Supreme Court ia Special Leave Petition (Civi]) No. 6892/93. The said petition was dismissed by fhe Hon'bfe Supreiae Court upholding fhe decision of the Tribunal to tiie efFect that the Thakur Teachers/Assistaat Teachets are entifled to rcgular pay scale fiTom. date of initial appoiutineut. 4. Leam.ed counsel appearing for fhe petitioners furfher subuuts ttiat tTiis Court, while consideriag fhe same isaue ia Aeman Jain Vs. The State Govemmeut of Chliattisgarh & another (W.P. No. 1463 of 2006) by onler dated 10.11.2006, has granted regular pay scale w.e.f. fhe date of initial appointmfint. 5. Leamed coiinsel appearing for fhe parties jouitty submit that this case is squarely covered by the decisioa of fhfa Court in lh.e case of Aem.an Jain. (Supra). 6. In view ofthat, fhis petition is aUowed m. fhe same terms. No order as to costs, I Sd/- SatishK.Agnihotri Judge