IN THE HON'BLE HIGH COURT OF CHHATI'ISGARH AT BILASPUR WRIT PErITION (s) No. €3§3/2oo9 WRIT PE‘ITI'ION U/A - 226 OF THE CONSTITUTION OF INDIA PETITIONER /kshirsai Pafel, aged about 55 years, Son of Shri Kunjr'am Pafel, posted as “Head Master", of Govt Primary $chool— Ghafhor'a, Block & Tahsil- Sarangarh, DisH— Raigar‘h (C.G.) VERSUS RESPONDENTS 1. / The State of Chha?1'isgarh, Through— The Secretary, Department of School Education, Mantralaya, Dau Kalyan Singh Bhawan, Raipur (C.G.) 2. , The District Education Officer, District - Raigarh (C.6.) HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) NO.6353 OF 2009 PETITIONER Kshirsai Patel Versus RESPONDENTS The State of Chhattisgarh & Another (Writ petition under Article 226 of the Constitution of India) Slngie Bench Hon ble Shrl Satish K Agmhotri J Present :- Shn Roop Nalk counsel forthe petitioner ShriYS Thakur Dy Adv Generalforthe State ORDER ORAL (Passed on thls 5‘ day of November‘ 2009) With the consent of Iearned counsel appearing for the parties, the petition is heard finaily. Learned counsel appearing for the petitioner submits that the petitioner was appointed as Assistant Teacher on a fixed pay scale of Rs.100/— for a period of two years. After completion of two years probation, the petitioner was granted regular pay scale. Learned counsel further submits that the issue involved in the case is asto whether the petitioner is entitled to regular pay scale with effect from the date of initial appointment or after completion of probation period. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur (for short ”the SAT”) in O.A.No.2745/89 (Madhukam‘ Yadu and 56 others vs. State of MP. & 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 scale from date of initial appointment. In view 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 stand on the same footings as per order passed by the SAT in Madhukant Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by order dated 3-1—1 994 and grant relief accordingly. In view of foregoing, the writ petition is disposed of. - sal— Gowri gn'xho‘“ . Sa‘ish xudge .