64¢ IM//‘ Q § $JM§LE aENCH IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.[s1 N0. £3 f6 Q’ [2009 Bhawan, Raipur (C.G.) 2. "‘ District Education Officer, Jashpuf, Distt.- Jashpur (C.G.) 3. Block Education Officer Baglcha Dlstt Jashpur (C G) Kg: 4. Treasury, Account and Pens1on Jashpur, Distt.-Jashpur (C.G.) «a ’ “ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. 1. PARTICULARS OF THE. PETITIONER As mentioned in the cause title above. PETITIONER \gglham Ekka, S/o Shri Prakash Ekka, aged about 41 years, W. ‘. ,m Assistant Teacher, Janpad éééaé?) Himary School, Karma, Block— aglgéggé§3§........ " Bagicha, Dism Jashphr (C.G.) ....... w VERSUS / 7 RESPONDENTS : Through :— The Secretary, School Education Department, D,K.S. ‘ %§ WRIT PETITION (S) N6. 63-89 cf 2009 PETITIONERS Wiiliam Ekka. VERSUS State of Chhattisgarh & Others. RES?ONDENTS WRET PETETION UNDER ARTICLE 226 OF TEE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihatri? J. Present Shri Samkant Verma with Shri Akshav Yadav Advocata for the petitioner‘ Shri P.K.Bhaduri, Panel Lawyer for th‘e S€:atéf’r;spcnd6nts. GREEK (ORAL) (Passed on 96m (:ayof November, 2009) Wiih tha consent of learned counsal appearing for the parties5 the petiiio‘n is heard fmaiiy. 1. Leamed counsel appearing fer the peiitioner submits that the petitioner was appointed initially a3 Assistant Teacher on a fixed pay scale of Rs. 3OOX- 0:1 probation. After completion of his probation period, the petitioner was granteti regular pay scale. Learned counsel further submits that the issue involved in the ease is asto Whether the petitioner is entitled to regular pay scale with effect from the date of initial appointment or alter completion of probation period, 2. The issue involved herein was considered by the Madhya Pradesh State Aéministrative Tribunal, Jahalpur {for short “the SAT”) in O.A.No.2745/89 (Nladkukam Yadu and 56 Otkers vs. State affvriP. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f the date of initial appointment. The matter was taken up to the Supreme Court. The appeal 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 seaie horn date of initial appointment. U) In v'ew of the above submissions made by learned counsel for the parties, the writ petition is disposed of in the same terms 'i.e., the petitioner is granted liberty to. make a representation, if so advised, to consider the petitioner’s case, if the petitioner stands on the same footings as per order passed by the SAT in .Maalimkant Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by order dated 3—1-1994 and grant relief accordingly. 4. In View of foregoing, the writ petition is disposed of. Amit Ag‘T‘h Sat‘xsl‘K' yudge