u2 ^^57 IN THE HON'BLE HIGH COURTOF CHHATTCSGARH AT BILASPUR W.P.fS) N0. ^^ /2010 PETITCONERS ^/^>& ^sy ^ '^K-^y <^^y <^-' .^y .••"' »" RESPONDENTS J U !J f Basant Ram Nonhare, S/o Late Mohan Lal, aged about 50 years, working as Lecturer (history) 6ovt. Higher Secondary School, Jepara, Distt. Kanker (C.(5.) 'Sadaram Netam, S/o Late Dukalu Ram Netam, aged about 50 years, working as Upper t &ivision Teacher, Govt. Middle School, Bagodar, Distt. Kanker (C.G.) VERSUS : 1^'State of Chhattisgarh Through :- The Secretary, School Education / Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.6.) District Education Officer, Kanker, Distt. Kanker (C.G.) ../-' Assistant Commissioenr, Tribal Welfare Oepartment, Distt. Kanker (C.G.)a. 'Tfflt ^" tT^i ^^'M^^6?^;^;s^^i»^;^1^ Treasury, Accounts and Pension, Kanker, Distt. Kanker (C.&.) WRIT PETITCON UNDER ARTICLE 226 OF THE CQNSTCTUTION OFINDIA, ^b' 6—78 SII^IW^RT TOT3ii^rg;*iw ^y ~5^f -^WWi, &V\WW, P^ViWy. ^l.P. th)^- U^ 3?I^T TT5|^ (TPt;I^(I) TOTOIT;HfOT31I^I 20.11.3010 Shri Ana S Shii Vivek iiigh Rajput, Gojunsel fbr the petitioners. Shanaa, P.L. fe Grievance of fhe petiticne] fhe petitioners were appoiuted pay scaie of Rs. 100-150 for s coxiipletion of probation, fhey W| Rs. 169-300. Contention of the counse] are entitled for regular pay sc41e initial appoiataient and their nuaiber of decisions passed judginent rendered by fhe M.Pj Jabatpur iaO.A. No.2743/89 Vs. State of M.P. 85 Others) simiSarly placed teachers are eii|t the date of ffaeir initial appointalt It is not disputed by bothj taken up by fhe State to fhe Ap^x disiriissed by fhe Apex Court Tribi-uial to the effect tliat fhe Tf< entitled for regiilar pay scale appoiutment. ^l*iFf1<ni HTH^' "Cf f^iT<fo|^I< ^affOTsn^i |r the State. [s in the preseat petition is ttiat ls Assistaat Teachers on a fixed period of two years snd after sre graiited regular pay scale of for fhe petitioners is fhat fhey with effeqt fmin. fhe date of 'ase is squarely covered with by fhis Court aad also the Slate Administrative Tribunal, Madhukant Yadu & 56 Others wherein. it has been held that litled for regular pa.y scale froiu ;nt. fhe parties fhat tlie niatter was Court but the appeal was also upholding thje decision of the ;achers/Assistant Teachers are fiTOin the date of their iaitiai ••*s-i..ssa>1•^.^' 3IT^5T W R-fi'k WT3<lcl»lshW* N^. ~S^ "41-41M1, »Tll^'ie, fsldl-Hy .4£^Jfo "•^^00 sn^?i'v^v ('j^lits,1!) ^'SIIST ^ifct aii^i subntission aforctsaid In view of the above tfae parties, the petition is dispo^ petitioners are granted liberty advised, in tlie ligbt of fhe dated 27.12.2008 and in tum| directed to consider their casel perspecti.ve. If fhe petitioaers order passed bv tlie State Yadu (supra) aad subsequent|}' Court ia Special Leave Petitio^ dated 3.1.1995, fhe petitioners accordingly. stfcad Adniitistrate It is expected froni the at^te authoi-ities to pass suitable orier after due scrutinv of fhe fak It is niade clear fhat this opiaion on merits of tlie case would be at liberty to decide accordance wifh law. '*i'lifi'f<i!-< im?ff'? ivS <f"i(<;i< ^TSTfiCTan^I inade bv fhe counsel for ted ofia the same terms i.e. t-h.e jo laake a representafion, if so judgsae.nt and fhe circular t.b.e concemed respondent is on its own m.erits and in its on fhe saaie footing as per (listrate Tribunal ia Madhukaat confirmed by the Supreiue (Civa) No. 6892/93 by order niay be entitl^d to same relief •ts. Court has not expressed any and the autfaoritv concemed fhe xepresentation strictly in Sd/- Pritinker Diwakar ^—Judge ^rre^l^ ic^T SSUff^,. ^^-^iR' —FS/147—2/2010 —1,00,000. +