(^T i^ IN THE HIGH COURT OF JUDICATURE OF CHHATnSGARH ATBILASPUR -c W.P.fS.) N0. IY\^-^- /2010 PETITIONER: ,0.--P^ ^.-•^y ..-•f ^^/ vc'.^^^ ^^w ^-"' ^'\y'/9y" .'<?" VERSUS RESPONDENTS ^' 1. Chetan Kumar Rathore S/o Shri Babulal Rathore, aged about 49 years, present posting as Upper Division Teacher in the Govt. Middle School, Tilkeja, Block Korba, District Korba (C.G.) R/o Qr.No.M/81, Puttip House SECL Korba, Dista-ict Korba (C.G.) State of Chhattisgarh Through : The Secretary, Tribal Welfare Department D.K.S. Bhawan, Raipur (C.G.) ^ 2. The Commissioner Tribal Welfare Department, Raipur, District Raipur (C.G.) 3. The Assistant Commissioner Tribal Welfare Department, Korba, District Korba (C.G.) 4. The Joint Director Treasury accounts and Pension Bilaspur Division Bilaspur (C.G.) . 5. The District Education Qfficer Korba, District Korba (C.G.) to. ^\^^r~ 6. The Block Education Officer Korba, District Korba (C.G.) WRIT PETITION UNDER _ARTICLE, 226 OF THE CONSTITUTION QF INDIAFpRJSSUANCE OF WRIT IN NATURE OF MANDAMUS CERTK)RARY_ _OR ANY OTHER WRIT OF LIKE NATURE ETC. Prfeoner Re^iondent HIGH^X)UKTjaF^HtU"kmSQWHATBftA»*UR ? WRIT PEIITtQM^a N0 Vepsus Oi8tanKumarfiatho»er StafofChtiattisgarh &othere WRff RETITION UN R ARTICLE 226 OFmE OONSTITLrriON OF INDIA ^Bl;Hon'U^1Mr:^t hK.^nihotri;J.) '. Shri'K.S. Pavra^AdvwsatefoFthepedtioner. Shri P.K. Btiaduri, Rand Lawyer tor the Stata. Arun Present:- ORDER((WAL) (Passed on61nofj^)ril, 2010) With the consent of leamed counset apipeaang for the parties, thc petition isheardfinally. Learned counset appearing for the petifioner silbnats that the patitioner was appointed initjally as Assistant Teacher pn a fixed pay ot Rs. 1S)/- on probation. After completion of his prpbation period, ths petffioner was granted regular pay s(»le of Rs. 169-300/-. t-eamad counsal further submits that the issue involved in the case is asto whettier ttie petitioner is entitted to regular pay scale with effect from the date of initiat appointment or after completipn pf probatton period. The issue invotved herein was considered by tha Madhya Pradesh. State Adnwnistraflve Tribunat, Jabafpw {&>r ^w/t V)a SAT'} in O.A.No.2745^89 {Madhukant Yadu and 56 o»iwsvs. Stateof M.P. & otfia/s), wherwn it was held friat the similarly situated teaohers are entitled to regular pay scafe w.e.< the date of initiafl appotlttment. The matter was taken up to the Supreme Court. The appeal was dismiBsedi by the Supreme Court, upholding the decision dt the Tribunal tothe effect that the Teachers/Assistant Teachere are entitlcd to reguter pay scale from date of initiat appointment In view of the above submissions made by le,arned c©unaelfor the parties,the writ petition is disposed of. On request of the learned counsel, the petitioner is granted liberty to maka a neppesentadon totha respondent authorities,if so advised, to consider his case and pass ^ppropriate order, on its own meritand in its perspecfive, in the Bghtot the order passed by the SAT in Madliufeant Yaefu ^aupia), subsequertly confirmed by the Supreme Court in Special Leave Petition (GivB) No. 6892/93 bv order datad 3-1-1994. The authoritiesshall conader and passtheorder in accordance with taw expeditiously. _. - r' sd/- , _ \ sattehK.Agna*""1