•SK^'fv^s!'!^yy,K'ffJ:ft: ~'':S!l'f»'SS-KSSii.' s'i'gNUl.E KLf'-Wi c^\ ffQ "} IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.V WRITPETITIONfS)NO. )!72- _QF 2007 PETITLONER ^ *Z-*F oV^f ,^Ap~ / ^ !-,'-\-\-~ ;/^w y £•\" • ^ ^*' - <^"...- RESPONDENTS o^ Mordhwaj Thakur Son of Shri Kejuram Thakur, aged about 48 years, Assistant Teacher, Govt. Primary School Chilfi, Block Saja, Education District Bemetara, District Durg (C.G.). VERSUS 1. State of Chhattisgarh, Through: The Secretary, ,.-.C\--"l-'''?7 Department of School Educatic ^•^^^ \^\' ( - ~~r"^"^~ •S5'^\'^^,^^ Dm K' S. Bhawan, Raipur (C.G.). <^w f's/— ff.--^?-,. ^^./-i- l^S^iif ^ ^u^^-'i»*' ° l ^^ ^ ^•y^^^/ V- "IT ii.'i.'/-: »%;,;'...„..,.u<" 2. The Director, Public Instructions, Raipur (C.G.). 3. The Distrjct Education Officer, Education District Bemetara, District Durg (C.G.). 4. The Block Education Officer, Saja, District Durg (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 FOR ISSUANCE OF WRIT IN THE NATURE_QF CERTIORARI. MANDAMUS ETC. AND FOR APPROPRIATE ORDER/ORDERS. DIRECTION/DIRECTIONS. HI6H COURT OF CHHATTtSSARH AT BILASPUR W. P.{S) No. 1172 of 2007 Petitioner Mordhwaj Thakur Versus Reqiondents ; Stoite of Chhattisgarh cnd o-t+iers SB: Hon'ble Mr. Justice Satish K. Agnihotri. J Present: Mr. P. P. 5<riiu, Advocoite for 1he petitioner. AArs. Anju Ahuja, Deputy fiovemment Advocate for the Stafs/respondents. OR&ER (Passed on Itiis 28th t3ay of February. 2007) 1. The petitioner wos appointed in the yenr 1982 os Oeputy Teacher on fixed poy scale of Rs. 150 for two yeors, thereafter, Rs. 169/- fixed for third year. After comptetion of three years probation, he was granted regutar poy scale of Rs. 169-300/-. 2. Leamed counsel appearing for the petitioner submits that the issue invofved in the case is asto whether the petitioner is entitled to regular pay scale w.e.f. the date of initial cppointment or from the date of completion of probation period. . The issue invoived, herein was eonsidered by the Madhya Proctesh State Administrative Tribunal, Jabaipur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was he!d that the similarly situated teachers are entitied to regulcr pay scale w.e.f. the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court in Specia! Leon/e Petition (Civi!) No. 6892/93. The sai'd petition was dismissed by the Hon'ble Supreme Court uphoiding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitted to regular pay scale from date of initial oppointment. 4. Learned counse! appearing for the petitioner further submits that this Court, while considering the same issue in Sushil Tiwari & others Vs. State iSovt. of Chhanisgarh & others (W.P. (S) No. 5976 of 2006) by order dateel 7-11-2006, has gronted regukr pay scale w.e.f. the date of initial oppointment. 5. Leamed counsel cppearing for the parties jointly aibfflit that this case. is squarety covered by the decision of this Court in the case of Sushil Tiwari & others Vs. Stnte Sovt. of Chhattisgcu-h & others (Supra). 6. In view of that, this peti+ion is allowed in the same terms. No order as to costs. Sd/- Satish K. Agnihotri Judge