^-pz^i^ ^ sweL&Baacrt s ^ IN THEHIGHCOURTOFCHHATTISGARHATBILASPUR W. P. (SiNO. 6^^- OF 2009. PETITIONERS M^7 ^^/ l^K '^•••t' /^v^ <^/ <~^" 1. 2, Baldeo Ram Bairagi, S/o. Late Pifhjyar Rarri Bairagi, aged about 53years,AsSistant Teacher.M/s. Bahirkela, Post Bahirkela, Tah. Gharghoda, District Raigarh, (C. G.) Amar Singh Danshena, S/o. Shri Abhay Singh Danshena, aged about 53 years, Head Master, Govt. Middle Schodl Pusida, Tah. Gharghoda, District Raigarh (C. G.) V E RS U S RESPONDENTS :1. State of Chhattisgarh, Through : The SecretEuy, School Education Deparfment, D.K.S . Bhawan, Raipur (C. G.) 2. District Education Officer, Raigarb, Distt. Raigarh (C; G.) WRIT PETmON UNDERARTICLE 226 OFTHE CONSTrTUnON OF INDIA The petitioners beg to submit as under:- 1 PARnCULARSOFTHEPEnnONERS: As given in the above cause titip. i;"" ,itl,l HIGHJ30URT QF CHHATTISGARH AT BILASPUR PETmQNER RESPONDENTS WRrTPETmONCS) No. 6467 of2009 : Baldeo Ram Bairagi& another. \?ERSUS State ofClihattisgarh & Others. •litem WRTT PETmON UNDER ARTICLE 226 OF THE CONSTrTUTION OF INDIA SB: Hon'Me ShriSatish K. Aiamhotri, J. . Present: Shri Somkant Verma, Advocate for the petitipner. Shri N.N.Roy, Paiiel Lawyer for fhe State/respondents. ORDERrORAL) (Passed on 09th day of November, 2009) With the consent ofleamed counsel appearing for the parties, the petition is heard finally. 1. Leamed counsel appearing for the petitionersubmits that the petitioners were appointed uiitially on a fixed pay scale of Rs. 100/- on probation. After eompletion of their probation period, the petitioners were granted regular pay scale. Leamed counsel further subinits that the issue involved in the case is asto whetherthe petitioners are entitled to regular pay scale with effect feom the dats ofinitial appointment or after completion ofprobation period. 2. The issue irivolved herein was considered by the Madhya Pradesh State AdmiTustratiye Tribunal, Jabalpur (for short "the SAT"} in O.A.No.2745/89 (Madhukant Tadu artd 56 others vs. State ofM.P. & otkyrs), wherein it was held thatthe similarly situated teachers are entitled to regularpay scale 'w.e.f. the date ofinitial appointment. The matter was teken up to the Supreme Court. The appeal was dismissed by the Supreme Court, upholding the decisioa of the Tribunal to tfae efiect that the Teachers/AssistanfTeachers are entitled to regular pay scale from dateofinitialappointment. 3. In view ofthe above submissions made by leamed cbunsel for the parties, the writ petition is disposed ofinthe same terms i.s., thepetitioners are granted liberty to make a representation, if so advised, to :consider the petitioners' cass, if the petitioners stand on the same footings as per Order passed by the SAT in Madhukant Yadu (supra) and subsequently eonfirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by order dated 3-1-1994 and grant reliefaccordingly. 4. In view of foregoing, fhe writ petition is disposed of. .^*'"" 8»tisb 3uA%<