§ gggxawg WW amn IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M3 Zw‘Zk w.P.lsmo. 63317 12009 /, 1. Rajendra Kumar Tigga, S/o Novas Tigga, aged about 31 years, Assistant Teacher, Govt. Primary School, Pasiyakhash, Block— Bagicha, Distt.- Jashpur (C.G.) PETITIONERS 2. Smt. Kaushilya Pradhan, W/o Kaleshwar Pradhan, aged about 37 years, Assistant Teacher, Govt. ‘ Primary School, Basen (Mahadeodand) Block- Bagicha, Distt. - Jashpur (C.G.) VERSUS RESPONDENTS : 1. Métate of Chhattisgarh Through :- The ‘ Secretaly, School Education Department D.K.S.¥ Bhawan, Raipur (C.G.) g, 2. District Education Officer, Ja‘shpur, Distt.—Jashpur (C.G.) , yak G O , WRIT PETITISN § S} Na. 6394 6f 2009 PETITIONERS Rajwdm Kumar Tigga & anothsr. VERSUS RESPONDENTS : State of Chhattisgarh & Oth€1‘s. WRIT PETITXON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’bie Shri Satish K. Agnihotri, J. Prssam: Shri Scmkant Verma with Shri Akshay Yadav, Advocate for the petitioners. Shri N.N.Roy, Pane} Lawyer for the State/respondents. 0mm (GRAD {Passed c—n 06m day of November, 2009) With the cansent of learned counsel appearing for the parties, the petition is heard finaihr. Learned couasei appeariiig for the petitionefs submits that the petitioners were initially appointed as Deputy Teacher on a fixed pay scale of Rs. l200/- on probation. After completion of their probation period, the petitioners were granteti regular pay scale. Learned counsel further submits that the issue involved in the case is asto Whether the petitioners are entitled to regular pay scale with e§eet from the date of initial aiapointment or after completion of probation period. The issue involved herein was considered bv the Madlwa Pradesh State Administrative Tribunal, Jabalpor (for short “the SAT”) in O.A.No.2745/89 {it/facilzukcmr Yadu and 56 others vs. State ofMP. & others), wherein it was held that the similarly situated teachers are entitledto regular pay scale w.e.f the date of initial appointment. The matter was takeh up to the Supreme Court. The appeal was dismissed bv the Supreme Court. upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular oav scale from date of initial appointment. In View of the aloove submissions made by learned counsel for the parties, the writ petition is disposed of in the same terms i.e., the petitioners are granted liberty to - make a representation, if so advised, to consider the petitioners’ ease, if the petitioners stand on the same footings as per order passed by the SAT in M’adhukant 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 accordinglv. In View of foregoing, the writ petition is disposed of. /// Sdl- k k) Sat‘ish K. Agnihotri ‘ Judge /