c^3'ffff m IN THE HIGH COU^T OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.(S.)NO. aU% /2010 PETITIONERS: ,.^ ..<^\ .* QYf7 / f .^/ / ^7^/'^ ^/^/^/ ^A^y ^w cyw ^•' 1) Chhedilal Bareth S/o Shri Baraturam Bareth, Aged about 54 years, Headmaster Primary School, Navapara, Block Dabhra, District Janjgir-Champa (C.G.) 2) Teturam Bhupal S/o Shri Shyam Bihari Bhupal Aged about 55 years, Headmaster Middle School, Upani, Block Dabhra, District Janjgir-Cham.pa (C.G.) , 3 Tejeshwar Singh Maitri S/o Shri Dilchand Maitri, aged about 58 years, Headmaster Primary School Barbhatha, Block Dabhra, District Janjgir-Champa (C.G.) VERSUS RESPONDENTS State of Chhattisgarh: Through : The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) District Education Officer, Janjgir, Distt Janjgir-Champa (C.G.) The Block Education Officer, Block Dabhra, District Janjgir- Champa (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR_ISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. HjGHCPiJRTPFC_HHATTiSGARH,:,BJi-ASPUR WRIT PETITION (S) N0.2268 OF 2010 PETITSONERS RESPONDENTS Chhedilai Bareth & Others Versus State of Chhattisaarh & Others (Writ Petition under Article 226 of the Constitution of indla) Single Bench : Hon'bie Shri Satish K. Agnihotri, J» Present:- 2. 3. 4. Gowri Shri D.R. Paiel, Advocate for ihe petitioners. Shri M.P.S. Bhatia, Dy. Govt. Advocate for the State. 0^)ER1QRAL) (Passed onthis^dayofR4a.y, 2010) Learned counsei appearlng for the petitioners sucmiits that the pelliioners were appolnted initially as Assistant Teacher on a faxed pay on probation. Afier compSeiion of their respective probation period, the petjtloners were granted regular pay scale. Learned coynsei further submits that the issue invoived in the ca.se Is asto whether the petitloners are entitled to reguiar pay. scale w.e.L the •dale of iniitial appointnnent or after completion of probation period. Learned counsel for the partles jointly subnnit that the issue invoived herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabaipur (for sftort "the SAT} in O.A.No.2745/89 (Madhukant Yadu and 56 others vs. State ofM.P. & others}, wherein it was heid that the simiJariv situated teachers are entitied to regyiar pav scale w.e.t the date of Initial appolntment. The matte-r was takeo up to the Supreme Court. The appeai was disnnilssed by the Supreme Court, upholdjng the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitied to regyiar pay scaie 'from -date of inltial appolntiTient. In vlew of the above subrnissiogis rnade bv leamed oounse! for the parties, the petitioners are granied liberty to make representations to the respondent authoritles, if so advised, 'to corssider their cases and pass appropriate order, on its own merit and 111 its perspective, io the light of the order passed by the SAT in Madhukant Yadu (supra) and subsequentiy confirmed by the Supreme Court in Special Leave Petltion (Civll) No. 6892/93 by order dated 3-1-1994. Accordlngly, the writ petitlon Is dlsposed of. Sd/- •-&7 Atiom