c^ BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P (S) No.':byo'3>'i--6f2011 PETITIONER RESPONDENTS k^ x^^ .••". ^.••"- ..•' ^^ ^" -<;•-•' ^...-•< -*y^"o' ..•••' v Gendlal Sawai, aged about 55 years,S/o Late Shri Niranjan Lal Sawai, Headmaster, Government Middle School, Chikhalakasa, Block-Chhuriya, District-Rajnandgaon (C.G.) VERSUS :1. State of Chhattisgarh, Through : the Secretary,- Department of School Education, D.K.S. Bhawan, Raipur (C.G.) 2. District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) 3. Block Education Officer, Block- Chhuriya, District Rajnandgaon (C.G.) <^ ^ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. ..—1. j~tAi-l"i*""l^\ir A-ca.i 'w'^.?^:^'l^^^^^^^?l^s%^^'^^^®^'^i®^S^K^:®^^^^ •^M^-^%^3;%^^^::;;^^!;^:'i?;'^?!S;:l;^'^.%^^^;;3/'^Ss^SfS&^ f^K^'%??^^/'^^J^^:^^^^SJ^'^^ HIGH GOURT OF CHHATTISGARH : BILASPUR S.B.: Hon'ble Shri Manindra Mohan Shrivastava. J. PETITIONER RESPONDENTS Writ Petition (S) No.2632/2011 Gendlal Sawai Versus State of Chhattisgarh and others Writ Petition u/A 226 ofthe Constitution pflndia Present: - Shri Gautam Khetrapal, counsel for the petitioner. Shri Prasun Bhaduri, Panel Lawyer for the State/respondents on advance copy. ORALORDER (Passed on 13th ofMay, 2011) With the consent of leamed counsel for fhe parties, the matter is heard finally. 1. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs.100/-. After successfully completing fhe probation period of 2 years, he was granted regular payscale. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is as to whefher, the petitioner is egtitled to regular pay scale with effect from the date of initial appointment or after completion of probation period. -- 3. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in ^^w'\ O.A.No.2745/89 {Madhukant Yadu and 56 others v. State of M.P. & others), wherein, it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the Hon'ble Supreme Court, upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. 4. In view of the above submissions made by learned counsel for fhe parties, the writ petition is disposed off in the same terms i.e. the petitioner is granted liberty to make a representation, if so advised, to consider his case on its own merit and in its perspective. If the petitioner stands on the same footings as per order passed by fhe SAT in Madhukant Yadu (Supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No.6892/03 by order dated 3/1/94, the petitioner may be entitled to same relief accordingly. iDeepti 5. No orders as to cost. Sd/- ManindraMohanShrivastava Judge