3mm BENEH CAF’ i5? AT BILASPUR w. P. (S) No. G3 E3 5 OF 2009. IN THE HIGH COURT OF CHHATTISGARH x Shyam Bihari Sai, /o Jagarnath Sa1 aged about 55 years U D T M1dd1e School Ania a Block Baglcha D1str1ct a/ Jashpur, (C. G.) PETITIONER VERSUS Statre of Chhattisgarh, Through : The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C. G.) RESPONDENTS 2 District Education Officer, Jashpur, Distt. Jashpur (C. G.) Block Education Officer, Ba 1cha Dlstt Jashpur (C G) 4. Treasury, Account 8t Pension . , Distt. Jashpur (C. G.) J Mt W ‘ WRIT PETITION UNDER ARTICLE 226 .OF THE CONSTITUTION _ OF INDIA M ' / T, N s T RIT PETITION ’Sz No. 6399 of 200KO : Shyam Bihari Sai. I’ERSUS State of Chhattisgarh & Others. DER ARTICLE 226 OF THE CONSTITUTION OF INDIA : Hon’bie Shri Satish K: A’gnihétri. Jf Present: Shr§ Semicant Verma wiih Shri Akshay Yadav, Advocate for the petitioner. Shri A.V.Shridhar, Panel Lawyer for the State/responcients. ORBER {0mm (Passea m; 05m day sf N vember, 2009) With the consent Of ieamed counsei a1);3eari§1g for the parties, the petition is heard I'irxaily. Leamed counsel lageearing for the petitioner submits that the petitioner was appointed as Assistam Teacher on a fixed pay scale of Rs.100/— on mobation. After compietion of his probation period, the petitioner was granted regular pay scaie. Learned counsel further suernits that the issue involved in the case is asto whether t petitioner is entitied to regular pay scale with etfeet from the date of initial appointment or after completiozi of probation period. The issue involved herein was considered by the i adhya Pradesh State Ariministrative Tribunal: Jabalpur (for Short “the SAT”) in O.A.No.2’i’45/8§ (ll/iadlmkaiit Yadzt and 56 otkers vs. State ofMP. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale wef. the date of irtitiai aointment. The matter was ta§en up to the Supreme Court. The appeal was riismissed by the Supreme Court, upholding the decision of the Tribunal to the egect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initiai anoointment. es, the writ petition is disposed of in the same terms i.e., the petitioner is granted liberty to make a reprentation, if so advised, to consider the petitioner’s case, if the petitioner stands on the same footings as per order passed by the SAT in il/fadlmkant Yadu (supra) and subsequently confirmed by the Supreme Court in Spec Lee Petition {Civil} No. 6892/93 by order dated 3—1—1994 and grant relief accordingl. in View of foregoing, the writ petition is disposed of. iii view of the ahove submissions made by learned courisel for the part V‘c W PETETIONERS RESPONDENTS WRIT PETITION LN SB he 01 ep es ial av v