WPS/7600/2007 of NEGO MINJ Vs STATE GOVT.OF CHHATTISGARH and 3 ORS. on 20 December 2007

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HiGH COURT OF CHHATTiSGARH, BiLASPURtf.P. (S) No.7600 of 2007

PETiTIONERJMego Minj S/o Shri Haruwa Minj, Ageabout 51 years, Asstt. Teacher, Govt.FrimarySchool,Sujibahar,Block -Kansabel, Distt. - Jashpur (C.G.)Versus1State Govt. of Chhattisgarh Through:Secretary,Education&TribaiDepartment, D.K.S. Bhawan, Raipur,(C.G.)2DistrictEducationOfricerDist$.-Jashpur (C.G.)3B!ockEducationOfficerBlock-Kansabel, Dlstt. - Jashpur (C.G.)4Treasury, Account & Pension Distt. -Jashpur (C.G.)

WRIT PETiTION UNDER ARTICLE 226 OF THE CONSTITUTION OF

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Shri Somkant Verma, counsel for the petitioner.

Shri Pradeep Singh, Panei Lawyer for the State on advance copy.

ORAL QRDER(20.12.2007)

SUNiLKUMARSINHA.J

Learned counsei for the petitioner submits that the issue involved inthe case is as to whether the petitioner is entitled to reguiar pay scaiew.e.f. the date of initlal appointment or from the date of completion ofprobationperiod.He submits that theissueinvolvedherein wasconsideredbytheMadhya.PradeshStateAdministrativeTribunai,Jabalpur in O.A. No.2745/89 (Madhukant Yadu and 56 others Vs. State ofM.P. and others), wherein, it was hetd that the simiiariy situated teachersare entitled to regular pay scaie w.e.f. the date of initial appointment. Thematter was taken up to the Hon'bie Supreme Court in Special LeavePetition (Civil) No.6892/93. The said petition was dismissed by the Hon'ble(Upreme[Court][ upholding][ the][ decision][ of][ the][ Tribunal][ to][ the][ effect][ that][ the]

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Teachers/Assistant Teachers are entitled to reguiar pay scale from thedate of initiai appointment.

Learned counsel for the petitioner further submits that this Court,while considering the same issue in Ram Kumar Sahu and others Vs.State Govt. of Chhaitisgarh andanother (W.P.(S) No.813 of 2007) byorder dated 12.2.2007, has granted regular pay scale w.e.f. the date ofinitial appointment.

Learned counsel for the parties jointly submits that this case issquareiy covered by the decislon of this Court in the case of Ram KumarSahu and another (supra).

in view of that, this petition is allowed in the same terms.However, this order shall be subject to all verifications made by theState regarding facts pleaded in the petition.g^

g^Sunil Kumar SmbaJudge