c^ ^'A ,0^ ^•ft^/ ^^y\o/' ^ oV-y •<^::$w> o.^^^'" IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. \^\ /2010 PETITIONERS 1. Tej Ram Chouhan S/o Shri Puni Ram Chouhan aged about 43 Years occupation Head Master, Govt. Middle School Chhote Dumarpali Block Kharsia Distt. Raigarh (C.G.) 2. Narayan Prasad Patel S/o Shri Shiv Lal Patel aged about 47 Years occupation Head Master, Govt. Middle School Baikunthpur Block Kharsia Distt. Raigarh (C.G.) VBRSUS RESPONDENTS: 1: State of Chhattisgarh Through Secretary, Tribal Welfare Deportment, D.K.S. Bhawan, Raipur, (C.G.) 2. Commissioner, Tribal Welfare Deportment, Raipur District Raipur , (C.G.) 3. Assistant Commissioner, Tribal Welfare Deportment, Raigarh District Raigarh (C.G.) WRIT UNDER ARTICLE^S26 QF THE CONSTITUTION OF INDIA HIGH CGURT OF CHHATTiSQARH : BiLASPUR Singie Bencn; Hon'bie Shrl Svlanlndra jnon^ii Snrlvasiava^ PETiTiGNER RESPGNDENTS WRIT PETiTION (Si N0.4271 J2010 Tei Ram Chouhan and another Versus State of Chhattisgarh ^nu othefs WRiT PETITiON ARTiCLE 22@ OF THE^eNSiTyT10Na=iMSMw Present: - Shri Anii Mourya, counsei for the pctitioner. Ms. Sangeeta Mishra, Panel Lawyer fur the State. ORAL (Passed on 8th of August, 2010) The petltioners were initialiy appointed as Asslstant Teacher on a flxed pay of Rs.100/-. Arter completlon of thelr probation period, they were granted reguiarpayscaie. 2. Learned counsel appearjng for the petitioners subnnitted that.the issue involved In the case is as to whether the petitioners are enutied to regular pay scaie with effect from the date of jnitiai appointment or after compietion of probation period. 3. The issue invoived herein was considered by the yadhya Pradesh State Adminlstrative TrEbunal, Jabaipur In OA.No .2745/89 y^rdy 56 14 0/MP. ^ otnws), vmerein it was heid that the slmiiariy situated teachers are entitled to reyuiar pay scale with erfect from the date of Initjai appoJnfment. The matter was taken up to ihe Hon'bie Supreme Couil. The appeal 'was disrnissed by the Hon>ubie Supreme Court upholding the decision of ^.^^^^^ ^:^^"^ '"/"'^ '^. i. -^. "S •:t-,. ^^^v •^^J^ the TribunaE to the effect that the Teache?'s/Assistant Teachers are entiued to reguiar pay scale from the date of inltiai appointrnent. 4. in vlew of the above stated submissions made by learned counsei for the parties, the writ petiuon is dlsposed of in the same terms j.e. the petjtloners are granted iibeity to make representauon, If so advised, to consider their case, jf they stand on the same footings as per order dated 24-08-1 S82 passed by the Ivladhya Pradesh State Admjnlsuative Tribunai, Jabalpur In OA.No.2745 of 8S Mauhukaiit Yadu (supra/ and subsequentiy conflrrned by oruer dated 03-01-1994 passed by the Hofi'bje Supreme Court in S.L.P.No.6882/1833 and grant reiief accordingiy. 5. No order as to costs. Sd/- Manindra Mohan Shrivastava Judge ^Cpl.t