HIGH.CPURT OF CHHATTISOARH AT BILA8PUR SB : HOK*BLE SHm JUSTECE PRITINKER DIWAKBR W.P.ISI.NO. 3084^2009 PBT2TIQWERS 1. Khtoiaii Siagh Rathore, S/o, Shri Moti Lal Rafhore, aged abont 55 years, Teacher, Govt. Prmiaiy Scbool Kaiiai, BIock Nawagai'li, Distt. Champa (CG) Janjgir- 2. P'ersus RBSPONDEMTB 2. 3. Snit. Kalpiia Girolkar. Balkrishan. Girolkar, aged about 50 years, Teacher Goverament Sadar Piinio.ry School Jaiijgu', Block Nawa.Rarh, Distxict JaxiiRir- C.hampa (CG) State of C.G., Through Secretaiy, Education Departaient, DKS Bhawaa, Raipur District Raip'ur (CG) The District Educatiou officer, Distt. Janjgir-Champa (CG) The Block Education ofiicer, Block Nawagarh, Distdct Jaajgii-Chainpa (CG) WRIT PETIT20M UNDER ARTICLB 226/227 OP THB CONSTITUTION OF INDIA Appearassce: Shri Ashwini Shukla, counsel for fhe petitioners. Shri Shashaak Thakur, P.L. fbr the State. ORAL.ORDBR (02.07.2009^ With the consent of the parties, tbe matter is hea^-d fiuaUy. The petitiouers were iaitially appointed as Assistaat Teachers ia fhe school of Department of School Education of fhe State Goveniment. They were appoiated on probatiou for •L^s 1 1 au 1 1 B % a fixed period aad fixed salary by the respondents. Their sen^ices were regularized after coiapletion of probatiou period aiid fhey were graated regular pay scale froni the date of their regularization. The issue iavolved in this petition is whether tiie petitioners are entiled for regzilar pay scale from. fhe date of their initial appointQieut or froia fhe date of tiieir reguladzation? Learned counsel for fhe petitioners subm.it that the above issue has been considered by fhe M.P. State Admimstrative Tribunal, Jabalpur ia O.A. No. 2745/89 between Madhukaat Yadu and 56 others Vs. State of M.P. and ofhers, whereby it was held tliat siinilarly situated teachers are entitled to regular pay scale wifh efiect froia initial date of fheir appoiatments. The above niatter was taken up upto the Honrble Supreme Court and fhe Hon?l")le Supreiae Court vide order dated 3.1.1994 disiuissed the SLP (C) No. (2) 6892/93 preferred by the State Govemment. It was further argued fhat the School Education Department, Govemiaent of Chhattisgarh vide circular dated 21.6,2007 has graiited approval to pay regular pay scale to all tlie Deputy Teachers, Teachers aixd Assistaat Teachers, who were apponited between 1982-83 to 1995^ froiii the date of tlieir iiiitial appointxaent, after their successfiil conipletion of probation period. It is further subio.itted that case of the petitioners is squarely covered by fhe order of fhis Court dated 12.2.2007 passed in W.P. No. 813/2007 between Ram Kum.ar Sahu Vs. State of Chhattisgai'h aiid another where 1 regiilar pay scale was granted with effect froin fhe ioiual | date of apponitxaent, | ]' Ou the otlier haiid, Mr. Thakiir, leamed counsel for fhe State couteuded that fhe School Educatiou Depaitment, GoveniHient of Chhattisgarh by circxilar dated 21.6.2006 decided to grant regular pay scale to tiie Deputy Teachers, Teachers & Assistant Teachers, who are appoio.ted bet^een (^o^ 1982-83 to 1994-95, from the date of tlieir initial appointment. Subsequenfly, by circular datecl 13.1.2009, fhe benefit granted to the above teachers has been farfher extended to the teachers who were appointed before 1982 aad even fhe teachers who were appomted after 1995 aad ia view of fhe above circiilars, the petitioners are also entitled for regular pay scale froni fhe date of tlieu' ioitial appoititment, Havmg heard leained couusel for the parties, havmg regard to Circiilar No. F 18-81/2005/20-ll, Raipur dated 13.1.2009 issued by the School Education Departaient, Govemraent of Chhattisgarh aad decisioii of fhis Court dated 12.2.2007 passed m W.P. (S) No. 813/2007, the petition is aUowed aiid it is directed fhat the petitioners shall be paid regular pay scale from fhe date of their iaitial appointment. However, this order shaJl be subject to all verifications made by fhe State regarding facts pleaded ia the petition. No order as to costs. ^^__- Sd/- pritinker Diwaker Judge