^ VrfT^—- 1. IN THE HON'BLE HI6HCOURT OF CHHATTESeARH AT BILASPUR IC.6.) W.P. (S) N0. 2>5^ /201 1 Padum Singh Kanwar, Aged about 62 years, S/o Shri Bechan Singh Kanwar, Head Master, 6overnment Primary School, Tilaikundi, Pali, District- Korba (C.6.) \^ ^^. • ^>:^°)v ?P'-'J^ / ^^ .sp" .^ ^' ^^/ ^' .;»••" 1. State of Chhattisgarh Trible Welfare Department D.K.S. Bhawan, Raipur (C.G.) The Commissioner Trible Welfare bepartment 3. Assistant Commissioner Korba (C.6.) 4. Joint Director, Treasury, accounts % ^\r^~~~ y'r •^/ HI6H GQURT OF CHHATTISOAKH AT BILA8PUR • U'/^M^I ; versus Padum Singh Keawar State of Chliattisgarh Shri K.S.Pawar, eoiuisel for ttie petitioner. Sfari Yashwaat Singh Thakur, Dy. A,G. tbr fhe State. WRIT PETITION UNDER ARTICLE 226 OP THE CONSTITUTION (22.07.2011) Wiffa fhe consent offhe parties, fhe matter is Iicard SsaQy. The petitioners was iaitiaUy appointed as Assfetant Tcacher in the school of Deoartment of Scbool Education of the State Govemineat. He was appoiated on probation for fixed period and fixed salary by (he respondents, Thereafter his serwices were regularized aad after completion of piwbation period he was graated regular pay scale fi-om fhe date ofbis regularizatlon. Grievance of fhe petffioner is that he is entitled for regular pay scale fi-om fhe date ofhis iaitial appoiatment. Learaed counsel for fhe petitionei^ submit that fhe above issue has been considered by the M.P. State Admjxustrative Trifaunal, Jabalpur ia O.A. No. 2745/89 betweea Madhiikaat Yadu and 56 ofhers Vs, State of M.P. aad others, whereby it was held tfaat siniilarly situated teachers are entitled to regular pay scale with effect from mitial date of their appointments. The above niatter was taken up upto fhe Hon'ble Supreine Court aad the Hon'bie Supieiue Court vide order dated 3.1.1994 dismissed fhe SLP (C) No. (2) 6892/93 preferred by fhe State Govemment. It was further argucd that the Statc Govenuuent vide order dated 27.12.2008 passed by fhe Departaient of Scheduled Caste & Scheduled Tribes has graated ^^ IV aproval to pay regular pay scale to all fbe Deputy Teachers, Teachers and Assistaiit Teachers, who were appoiated before 1982 aad after 1995, froiu fhe date oftheir mitial appointiaent, after tfaen- successful coinpletion of probation period. It is furfher submitted fhat case of fhe petitioners is squarety covered by flie order of this Coitrt dated 12.2.2007 passed in W.P. No. 813/2007 between Ram Kumar Sahu Vs. State of Ghliatysgarh aad another where regalar pay scale was graated with effect firom fhe mitial date of appoiatment. On the offaer hand, Mr. Thakur, leamed coiinsel for fhe State contended tiiat only such teachers who were appointed between 1982-83 to 1994-95, arc entitled to get the benefit of regular pay scale froin the date of their initial appoiatment after successflil completion of two years probation period. However, when counsel for the State was confixanted wifh fhe latest memo No. F-14- 25/2007/25-1 dated 27.12.2008 issued by the State Govemment, he did not dispute fhat the teachers who were appointed even before 1982-83 and afiter 1994-95 are also entifled for regular pay scale from the date offheir mitial appointment. Having heard leamed couasel for the parties, ha\ang regard to Circular No. F 14-25/2007/25-1, Raipur dated 27.12.2008 issued by fhe Scheduled Castes & Scheduled Tribes department of thc Statc Govememnt aad the decision ofthis Court dated 12.2.2007 passed in W.P. (S) No. 813/2007 (Ram Kumar Saliu Vs. State of CMiatti^arh & Another)(supra), fhe order dated 27.6.07 passed in W.P.(S) 3566/07 (Lolaiath Patel v. State of Chhattfsgarh & Others), tfae petition is allowed ia terms of aforesaid judgmcuts. Hcwever, this order shaU be subjcct to all verifications inade by the State regardtog facts pleaded ui fhe petition. No onler as to costs. _____—-— Sd/- pritinker Diwakar Judge