C^l^/ ftseta < BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION rSI No. //(?/ /2010 PETITIONER Bijendra Kumar Kurre, S/o Shri Laxmiprasad , Aged about 56 years, Working as Head Master R/o C/o Govt. Middle School Bhainsakanhar, Distrirt Kanker, C.G. VERSUS RESPONDENTS <t^' / /^ ^ ^ ^y / v no-'\!y\^ y- ••'.'y^y' .^iv /lry ,-p <:..i State of Chhattisgarh, Through Secretary, Department of Scheduled Tribe and Scheduled Caste Development, Mantralaya, D.K.S. Bhawan, Raipur, C.G. District Education officer Kanker District North Bastar (Kanker) , C.G. Assistant Commissioner, Tribal Development, Kanker District North Bastar (Kanker), C.G. District Treasury Officer, Treasury Kanker District North Bastar (Kanker) , C.G. WJRlT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF IND1A ^ . 4. -^® f.^- Amit GH COURT OF CHHATTISGARH AT BILASPUR WRTT PETTTION fS) No. 401 of2010 PETmONER : BijendraKumarKuire. VERSUS RESPONDENTS : State ofOihattisgarh & Others. WRIT PETmON UNDER ARTICLE 226 OF THE CONSTITUTION OF 1NDIA SB: Hon'Ue Shri Satish K. Asnihotri. J. Present: Shri Alok Dewangan, Advocate tot the petition». Shri M-P.S.Bhatia, Deputy Govenunent Advocate for tfae State. ORALORDER (Passed on 29h day of January, 2010) With the consent of leamed counsel appearing for tfw parties, the petition is heard finally. 1. Learned counsel appearing for tfie petitioaer submits tl»tthe petitioner was appointed initially as Assistant Teacher on a fixed pay of Rs. 100/- on probation. After completion of probation period, the petitioner was granted regular pay scale of Rs. 169-300. Shri Dewat^an fiuther submits that the issue involved in the case is asto whether the petitiaier is entitled to regular pay scale with effect fiom the date of initial appointment or after completion ofprobation period. 2. The issue involved herein was c<asidered by the Madhya Pradesh State Admmistrative TribunaL Jabalpur (for short "the SAT") m O.A.No.2745/89 (Madhukant Yadu and 56 others vs. State ofM.P. & others), wherein it was held that the similarly sitiiated teacheis are entitfed to regular pay scale v.e.f. flie date ofinitial appointment. The matter was taken wp to the Supreme CourL The appeal was dismissed by the Supreme Court, upholdiag the deeiston ofthe Tribunal to the efifect that the Teachers/Assistant Teachers are entitled to regular pay scale from date ofinitial appointment. 3. In view of the above submissions made by leamed coimsel for the paties, the writ petition is disposed of in the same terms i.e., flie petitioner is yanted liberty to make a representation, if so advised, to cwisider his case on its own merit and in its perspective. Ifthe petiticaier stands on the samefootiags as per order passed by the SAT in Madhukant Yadu (supra) and subsequently CQafinned by the Supreme Court in Sperial Leave Petition (Civil) No. 6892/93 by order dated 3-1-1994, the petitioner may be entitled to same relief aecordingly. Satish K. Agnihotri Judge