a <?. HIGH COURT OF CHHATTISOARH AT BILASPUR SB ; HON'BLE SHRI JUSTICE PRITENK1BR DIWAKBR W.P.JSS KO. 3055/2009 PBTITIONER RBSPONDBHTS Versus 1. 2. 3. 4. 5. Deniai Lakra, S/o. Joseph Lakra, aged about 45 years, UDT, Govt. Boys Higher Secondary School, Ktinkun, Distt. Jashpur (CG) State of C.G., Through the Secretary, Tribal Welfai'e Department DKS Bhawan., MaiitTalaya, Raipur (CG) Assistaiit Conxiiiissioner, Jashpur Distt. Jashpur (CG-) Block Education Oflicer, Kuukuxi, Distt. Jashpur (CO) Principal, Govt. Boys Higher Secondary • School Kankuri, distt. Jaspur (CG) Treasury Account aad Peusion Jashpur, Distt. Jashpur (CG) WRIT PETITION UNDER ARTICLE 226 OF THB CONSTZTUTION OF INDIA Appearance: Shri Sorakaat Verma, counsel for the petitiouer, Shri Shashank Thakur, P. L.for the State. QRALORDBR (30.Q6.2009) With the consent of th.e parties, the nia.tter is heard finally. The petitioner is workiag as Teacher in fhe school of Tribal Welfare Department of tiie State Govexnment. He was initiaily appoiated on probatiou for fixed period aad on fixed salaiy by the State Govemraent. Thereafter, his seryrices ^ were regularized aixd after coinpletion of probation period he was graated regiilar pay scale from the date of his regiilarization. Grievaace of the petitiouer is that he is entiUed for regular pay scale froxn fhe date of his initial appointmeut. Leamed counsel for fhe petitioner submits that the above issue has beeu considered by tlie M.P. State Administrative Tribimal, Jabalpur in O.A. No. 2745/1989 {Mesdhukant Yadu and S6 others Vs. State ofM.P. and Ofhers) whereby it was held that sirailarly situated teachers are entitled to regular pay scales wifh effect froni the iaitial date of their appouitinents. The above matter was taken up up to tlie Honyble Supreme Court aiid vide order dated 3.1.1994 passed in S.L.P. (C) No. (2) 6892/93 finally disraissed the appeal of the State Goverrmient. It was further argued fhat the State (^overainent vide order dated 27.12.2008 passed by the Department of Scheduled Caste aad Scheduled Tribes has graiited approval to pay regular pay scale to atl fhe Dy. Teachers/Assistant Teachers/Teachers who were appointed before 1982 and after 1995 fromi fhe date of initial appoiatinent after fheir successful conipletiou of probation period. The case of petitioners is squarely covered by fhe order dated 12.2.2007 passed by this Court in W.P.(S) No. 813/2007 {Ram Kumar Scshu Vs. State oj" Chhattisgcxrh and anothe^ where regular pay scale was graated witihi effect froni ttie iaitial date of appointment. On the ofher haad, leamed counsel appearmg for fhe Sta.tc subniitted that only such teachers who were appoiated belween 1982-83 to 1994-95 are entitied to get tlie benefit of regular pay scale fronx flieir uxitial appoiatment after successful couipletion of two years probation period. However, when counsel for fhe State was ^ f ' confronted wifh the latest memo No. F-18-81/2008/20-2 dated 29.12.2008 issued by fhe State Govemment, he did not dispute fhat fhe teachers who were appoiiited even before 1982-83 aad after 1994-95 are also entitied for regular pay scale Iroin fhe initial date of fheir appoiatment. Haviag heard couusel for fhe parties, having regard to tlie memo No. F-18-81/2008/20-2 dated 29.12.2008 issued by fhe Scheduled Castes and Scheduled Tribes Departm.ent of fhe State Govemment aad fhe decision of this Court dated 12.2.2007 passed inW.P. No. 813/2007 {ReimKwnar Scxhu ¥s. State af Chhattisgarh c&nd Anothert (supra), the order dated 27.6.2007 passed iii W.P.(S) No. 3566/2007 (Lokncith Patel Vs. Steete of Chhattisgarh <uid Ofhcrs), fhe petition is aUowed iii tenus ofaforesaidjudgnients. Sd/- Pritinker Diwaker Judge